Lawmakers, public discuss medical malpractice reform

Legislators listen to concerns from every side of the malpractice insurance debate.

©Associated Press
February 14, 2003

MIAMI -- A panel of lawmakers on Thursday heard from a chorus of doctors, lawyers and victims of medical malpractice hoping to shape reforms to Florida's malpractice insurance system during the coming legislative session.

Their views represented the complex debate: victims who feared a proposed $250,000 cap on pain-and-suffering awards would put a finite price on their hardships, attorneys who said the reforms could limit access to the courts, and doctors who said skyrocketing malpractice insurance is crippling their profession.

"These are very vexing issues, and what we have to do is to seek the wisdom of Solomon to find the solutions . . . that ensure that we maintain quality health care," said state Rep. Dudley Goodlette, a Naples Republican chairing the committee.

The panel, the Select Committee on Medical Liability Insurance, also held hearings Thursday in Fort Lauderdale, and plans to in Orlando and Tampa today.

Gov. Jeb Bush appointed a special task force to study the issue last year. Members recommended the $250,000 cap on jury awards for noneconomic damages, such as pain and suffering, mental anguish and loss of parental guidance, in medical negligence lawsuits.

Other recommendations include changes in how doctors and hospitals' mistakes are tracked, how prescriptions are handled and in doctor discipline procedures.

Several doctors said the rising cost of malpractice insurance has led to the abandonment of certain specialties -- including neurology, orthopedic surgery, obstetrics and gynecology -- and the shuttling of patients to hospitals.

Dr. Carlos Buznego, an ophthalmologist and former president of the Dade County Medical Association, said many doctors automatically send patients to emergency rooms for minor ailments because they fear litigation. That has led to extra costs.

"Your little headache that should have been resolved with 59 cents worth of Tylenol -- now it becomes a $10,000 emergency room visit," Buznego said.

But the family members of victims testified that medical negligence has shattered their lives. They said that doctors need to be held accountable, and that caps would place a limited price tag on pain and suffering.

Fran Tingley, principal of a Key West elementary school, told lawmakers that negligence left her husband with the mental capacity of a 5-year-old. Once a West Virginia State defensive lineman, he suffered catastrophic brain injuries after a routine hip operation in Miami more than two years ago. Tingley said she now cares for him and their two children, one of whom is autistic.

Lawyers blamed the insurance industry, arguing that the rate increases are simply making up for investment losses in a softening economy. Others said the caps would have a chilling effect on lawyers taking cases on behalf of low-income plaintiffs.

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