Fill out this form to email this article to a friend
Hold out-of-state doctors accountable for their testimony
Letters to the Editor
Published April 12, 2006
Re: Legislative malpractice, editorial, April 7.
I take exception to what the St. Petersburg Times wrote regarding the Florida Medical Association's expert witness proposal. Being a part of organized medicine, I understand, as do many of my colleagues, that protecting patients has much to do with protecting health care in Florida and the Legislature. I became a physician to help my patients. It's a wonder anyone gets into the practice of medicine because of all the barriers in Florida.
Protecting access to quality health care is paramount for the Florida Medical Association and the Hillsborough County Medical Association. In the many years of tort reform, we have sought to make out-of-state physicians accountable for their testimony, just as all Florida licensed physicians are accountable. Physicians are held to a high standard through the number of years of education, experience and regulation. These same standards should also be used for other experts who come to Florida to testify. What I find alarming is that the editor would not see that false testimony hurts all Floridians, especially when there is no recourse to stop the action from happening again and again.
Just as distressing is the statement that we are trying to muzzle other doctors or are a part of a conspiracy. We don't want to muzzle anyone. We just want out-of-state physicians to be accountable for their testimony. Where's the conspiracy in that?
I went to medical school to take care of my patients. Unfortunately, that includes having to spend valuable time engaging in the legislative process.
-- Bruce D. Shephard, M.D., president, Hillsborough County Medical Association, Tampa
Strict criteria are needed
Re: Legislative malpractice, editorial.
Once again the Times fails to fully elaborate on the medical malpractice crisis in Florida. I'm in a "high risk" specialty in medicine and wonder at times why I continue to practice in Florida. The increase in "medical malpractice" claims is on the rise with less than 10 percent actual malpractice by definition. The remaining 90 percent is either frivolous or a result of a bad outcome (not malpractice).
One major problem with malpractice cases is that of so-called "expert witnesses." What makes them experts? Are they board certified in their field? Are they actually practicing medicine? Or are they making a living in this lucrative "field" of expert witness testimony?
What the public might not know is that the plaintiff's attorney can depose expert after expert prior to a trial in order to get the "appropriate" expert witness testimony. The jury would not be allowed, by law, to know that multiple plaintiff's experts were deposed. Physicians are not trying to stop our colleagues from testifying, but there needs to be strict criteria in allowing anyone from anywhere to testify as an expert in any case.
-- Brian Charity, Dunedin
Keep an eye on expert witnesses
Re: Legislative malpractice.
I disagree strongly with the Times editorial opposing legislation that would require out-of-state doctors testifying in our courts to obtain a state permit and be held accountable if they offer misleading testimony.
Forgive me if I'm hard-pressed to understand why keeping misleading (and in some cases fraudulent) testimony out of the courts is a bad thing. This is not a case of a solution looking for a problem. Junk science, delivered at the hands of so-called "experts" for hire, is a very real problem that seems to be growing.
In fact, the issue of highly "misleading" - even fraudulent - expert testimony made national headlines when Dr. Ray Harron from West Virginia and other medical experts were found to have made fraudulent silica diagnoses in a Texas courtroom, diagnoses characterized by the judge in the case as "driven by neither health nor justice - they were manufactured for money." A U.S. congressional panel is investigating Harron, and a medical screening company with which Harron worked is the subject of a probe by federal prosecutors in New York.
While this happened in Texas, it could just as easily have happened in Florida. This is why the Legislature is absolutely right to demand expert witnesses be held to high standards and be held accountable if they act unethically in our courts.
-- Slade O'Brien, Executive director, Florida Stop Lawsuit Abuse, Boca Raton
Black parents must take action
Re: Black parents vent frustrations, April 9.
I rolled my eyes as I read this headline. Black parents and leaders criticize and attack the school system for the achievement gap between black and white students. There is no reason that there should be an achievement gap between black and white students who attend the same schools and are taught by the same teachers.
Black people in the community need to accept some responsibility and make sure their children are doing their homework! Every month I read comments such as, "They think black kids can't learn," and other such atrocities. It is ridiculous and insulting to point the accusing finger at anyone besides the students!
-- Lynn Russell, St. Petersburg
Offer voices of success
Re: Black parents vent frustrations.
Has the NAACP ever thought to invite successful black Americans to speak to the parents - the ones working as scientists, astronauts, symphonic musicians, executives and managers? They can tell you what's needed in the real world. Listening so long to the people who fail, and trying to cater to them, is not going to help anybody.
It's interesting that Conchetta Hollmon blames everybody except her daughter and herself for her daughter's behavior. What do the successful black students and their parents have to say? Ask them how to replicate their success with others.
Do black students have needs that students of other races don't have? That's an interesting point, but it has racial implications that are not complimentary.
-- Max R. Loick, St. Petersburg
Apartments become unaffordable
I have a great love of the St. Petersburg area and am finding it harder than ever to find a place to live that is affordable. I am shocked at the going price for apartments, and the requirements get more over the top for the average person. I see we now have to pay for background checks, which is not a problem for me, but I still have to pay for it.
I cannot afford to live in an apartment nor does my salary afford me enough to buy a house. I am a professional person who works in community services. Where are we going with this? We cannot place the homeless and jobless now, so what about those who work but do not earn enough to afford first, last and a deposit, much less added fees for security checks?
It is not the St. Petersburg that I loved 16 years ago. We are letting the carpetbaggers in and are sitting back watching. What is going to happen with all these condos when no one can afford to live in them except tourists? Who pays taxes? I am signing this: Sad and broke in St. Pete.
-- Jane Martin, St. Petersburg
[Last modified April 12, 2006, 01:07:16]
Share your thoughts on this story
|