In 2004, Florida voters approved the 3 strikes and you’re out malpractice law. This amendment to the Florida Constitution states it would automatically revoke the medical license of any doctor hit with three malpractice judgments. Almost 4 years later and not much more has been heard of this law.
The three strikes law was just one in a tense battle between doctors and trial lawyers playing out across the country and all the way to Congress. At the same time voters approved a law limiting non-economic damages (pain and suffering, loss of consortium, etc.) to $250,000. Several other states are taking steps to limit malpractice awards, but the battle is especially intense in Florida.
The question is, do we know the answer to whether the three strikes law ever even took effect? Shortly after being voted into law, a judge ruled that the Legislature first needs to spell out just how it will work. Who governs this law and what section of government is responsible for tracking the cases so insure a doctor with three strikes really loses their medical license?
The fact is it’s the same few doctors that commit acts of malpractice over and over again without any recourse whatsoever. The broad definition of what constitutes a "strike" against a provider makes it a difficult law to enforce. For instance, doctors have found a way around getting “a strike” because the amendment does not count out-of-court settlements as a strike, no matter how large the settlement or what degree of negligence. On the other hand, it would count any kind of small judgment found in court as well as any discipline by the Florida Board of Medicine and binding arbitration. Because of this there is an upward trend of doctors agreeing to settle prior to a judgment in court. While this might be the best scenario for the injured party, the doctor avoids a “strike” against him, and is able to continue practicing medicine.
The three strikes amendment is just one of many other efforts to "fix" the medical malpractice situation. The problem is it does nothing to protect patients from the very small number of bad doctors that keep getting away with committing malpractice.
The key is to “do your homework”. Investigate your doctor. Ask questions. The internet is a great way to find just about anything about anyone. You use it find old friends, you really should use it find out who your doctor really is!
I’m always here to help and give you tips to find out what you need to know. Just post your question here and keep an eye out for an answer.
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