State: Doctors take appeal for relief to Capitol

Doctors take appeal for relief to Capitol

Physicians gather in Tallahassee to urge the Senate to cap jury awards in malpractice cases.

By ALISA ULFERTS, Times Staff Writer

TALLAHASSEE -- Thousands of Florida doctors, angry at the state Senate for refusing to cap jury awards in medical malpractice cases, booed and jeered the chamber's president Thursday when he addressed a rally at the state Capitol.

A handful used strong language to make their point.

"Break his legs," one doctor yelled. "Heart attack," called several more. Some used far coarser language. Most simply booed.

The scene illustrated the Legislature's deep divide over medical malpractice reform and the emotions swirling about the contentious issue.

Doctors blame malpractice suits for their skyrocketing liability insurance rates. Some doctors have been forced to close their offices or move out of state because they can't afford insurance.

But a Senate committee rejected a $250,000 cap on pain and suffering awards. Because economic damages would not be capped, senators worry that older Floridians with low incomes would be left with little recourse. The AARP, the state's biggest lobby for senior citizens, opposes a cap.

Because there's still a chance a cap could be resurrected if enough senators change their minds, doctors pressed their case with signs showing masked and gloved physicians with their hands tied together. Other signs read, "Obstetricians: an endangered species."

Between 2,000 and 3,000 doctors from around the state donned lab coats or scrubs and gathered on the lawn of the Old Capitol to urge Senate President Jim King, R-Jacksonville, and his Senate colleagues to reconsider a cap.

The Florida House already has approved a medical malpractice bill that includes a cap, a point that House Speaker Johnnie Byrd, R-Plant City, underscored with a sign outside the House door.

"Doctors: The House supports you for medical malpractice relief," the sign read. "The Florida Senate is 140 feet behind you."

King, known for his sense of humor, saw nothing funny about the sign.

"The sign is misleading, slanted and extremely childish," King said. "We are about the people's business, not fraternity rush week or hanging signs over the bannisters of a fraternity house."

The cap is the only major disagreement between the House and Senate bills. The Senate, for example, would grant emergency room health care workers the same immunity held by state workers, which means any jury award against them would be capped at $100,000. The Senate also supports all the other major suggestions offered by the governor's task force on medical malpractice.

When King pointed out what the Senate was prepared to do, the doctors started chanting: "We need more."

Byrd and Gov. Jeb Bush received thunderous applause when they spoke at the rally. King, however, received only a polite smattering of applause when Florida Medical Association lobbyist Sandy Mortham introduced him. The applause soon turned to crescendoes of boos and chants calling for caps.

"I am here to be dinner," King joked, then added: "I came to speak to you today because you deserve to hear directly from me." He told the physicians that he did not support a cap on damages because he didn't think it would bring down their insurance rates. But, he said, he is just one vote out of 40 senators and told the doctors they were free to try to sway the others.

Warren Kluger, a vascular and general surgeon with Flagler Hospital in St. Augustine, was so outraged he turned his back on King.

"I met with him three weeks ago," Kluger said. "He told me there would have to be blood on the streets" before he would support a cap. Kluger lives in King's Senate district and voted for him in November.

When asked if he now regretted his vote, Kruger nodded. "I sure do," he said.

-- Staff writer Lucy Morgan contributed to this report.