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Re: Florida Amendments From: Arthur W. Curtis, Jr. (AWCurtis@massmed.org) Wed Nov 3 13:10:50 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Len2976@aol.com: "Re: Election Results" Previous message: Terrence.Jones@kp.org: "Re: Bowel obstruction in pregnancy" Maybe in reply to: D. Ashley Hill: "Florida Amendments" Next in thread: ainsron: "Re: Florida Amendments" I am a long time lurker, and a long time ObGyn from Massachusetts, who retired Dec. 2003 and moved to the beautiful Orlando, Florida area. My thoughts on these constitutional amendments that all passed in yesterday's election: 1) These amendments to the Constitution of the State of Florida should not be amendments to the Constitution in the first place, but should be other legislations or referendums. 2) The trial lawyers are now limited to 30% of any award after their expenses have been paid. Big deal. The poor guys! That is still a lot of money. (Score -1) 3) Physicians are without a license to practice after three loses from either a trial, medical board, or arbitration decision, but not after a settlement. a) What other state will grant a license to a physician who has had a license revoked in another state? (Score -1) b) Physicians will not have his license revoked because of settlements against him/her. This amendment will not remove bad doctors. It will rather force doctors to settle. Previously, settlements were the result of the balance of both sides fear of an adverse verdict. Now the threshold has been increased as the plaintiffs realize the defense will be far more afraid of a jury trial. "Sue and Settle" may well be the norm (Score -1), and far more suits filed as the result (Score -1). 4) Although a physician may be more inclined to settle what might be otherwise a defendable case, his insurance carrier may be more willing to risk a jury trial. Will that decision be made by the physician or his carrier? (Score -1) 5) Who needs to ask about where insurance premiums will go? (Score -1) 6) Score? Lawyers -1. Physicians -5 Once again physicians have been hit hard, more than any other profession. I am glad to be retired, and my sympathies and best wishes to all the physicians of Florida. Art Curtis MD FACOG >----- Original Message ----- From: "D. Ashley Hill" <dahmd@cfl.rr.com> To: "Multiple recipients of list OB-GYN-L" <ob-gyn-l@dns.obgyn.net> Sent: Wednesday, November 03, 2004 1:56 PM Subject: Florida Amendments >A quick follow up of our previous discussion: > > All 3 Florida liability amendments passed. Amendment 3 limits trial > lawyer's reimburement for malpractice cases. Amendment 7 opens up > previously confidential peer review to public scrutiny. Amendment 8 > strips a physician of his or her medical license after 3 "strikes" from > a trial, medical board, or arbitration decision. > > I have decided today that our private practice, residency faculty > practice, and midwifery group will no longer offer elective VBACs. We > were just about the only local group offering this, and I do not want to > be a repository for all patients desiring VBAC in Orlando, especially > since many of these had had multiple previous sections but still wanted > a vaginal delivery, and because the liability risk of a ruptured uterus > is tremendous. Further, it's going to be hard enough to recruit new > physicians. We'll see how others adjust to this new amendment over the > next 6 months. > > Ashley > > -- > D. Ashley Hill, MD > Associate Director > Department of Obstetrics and Gynecology > Florida Hospital Family Practice Residency > and Loch Haven Ob/Gyn Group > Orlando, Florida > Next message: Len2976@aol.com: "Re: Election Results" Previous message: Terrence.Jones@kp.org: "Re: Bowel obstruction in pregnancy" Maybe in reply to: D. Ashley Hill: "Florida Amendments" Next in thread: ainsron: "Re: Florida Amendments"

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