By Sascha Cordner
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-966878.mp3
Tallahassee, FL – A bill relating to medical malpractice is now heading back to the House floor with changes from the Florida Senate. As Sascha Cordner reports, several members of the Senate say they finally came to a compromise on a measure they say would be good for protecting the rights of Florida residents at the same time as bringing physicians back to the state.
The medical malpractice bill has several different components, ranging from requiring the state's health department to issue out-of-state doctors a certificate to ensure accurate expert witness testimony in Florida trials, to limiting the liability of hospitals relating to certain claims.
"It gives the Board of Medicine & Board of Osteopathic Medicine the specific authority to discipline expert witnesses who give fraudulent, deceptive, or misleading testimony. It prevents healthcare insurance payment decisions and federal healthcare reform provider guidelines from being used as evidence in a separate negligence lawsuit. It also authorizes the Board of Medicine to develop a standard and informed consent form that details the recognized risks of cataract surgery. And, finally, it authorizes medical liability insurers to offer policies that yield the provider control over settlement decisions."
But, the House version of the medical malpractice measure received several changes, after members of the Senate tacked on a few, of what the sponsor Republican Senator Alan Hays of Umatilla calls, "unfriendly amendments."
These include removing the language in the bill that would exempt hospitals from liability for negligence of non-employee independent contractors, another which would not permit defense attorneys in a medical liability lawsuit to discuss the case with the plaintiff's treatment providers, and one other which Hays originally said would reduce the costly and unnecessary testing for defensive purposes.
"This one's the one that puts a smile on Senator Garcia's face. This one's the one that involved what he wanted to do: remove the language that would have increased the burden of proof in negligent cases involving supplemental diagnostic testing."
After House Bill 479 went through some re-structuring, several lawmakers including Republican Senator Paula Dockery of Lakeland said they had concerns if the bill was still the same.
"Since the 3 sponsors who did the amendments yesterday withdrew their amendments to the House Bill today, how is the language from their amendments in the bill as before us now?"
And Hays replied:
"The language of the amendments was put onto the Senate Bill yesterday and this morning. We then just got through amending the House Bill, so the language in the House Bill now is identical to that of the Senate Bill that we just amended."
During the debate portion though, lawmakers applauded Senator Hays' willingness to change aspects of his bill and said they would now vote for it, including Republican Senator Michael Bennett of Bradenton
"What I really wanted to point out is Senator Hays and I, last night and a bunch of people in this room all got together with Senator Monford, and though we debated rigorously, and several people in this room debated rigorously yesterday, and Senator Hays tried to fight off every single amendment. We got three out of four on there, but the thing was the camaraderie of the Senate again last night showed that we are all friends when we walk out of the room. Senator Hays this is a good bill, thank you."
The good comments continued with Democratic Senator Eleanor Sobel of Hollywood.
"I guess this is a good bill because everybody is a little bit unhappy and everybody's a little happy, and we worked towards a compromise and I think that's what the Senate is about. So, I will be supporting this bill and thank you Senator Hays for working this through with both sides of the legislature."
Senator Don Gaetz says the medical malpractice bill is a significant step forward in dealing with the issues affecting physicians in the state.
"Florida has extraordinary problems in attracting physicians and every study from Robert Wood Johnson to our own medical manpower study to industry study shows the tort issues are what are driving physicians out of Florida and keeping them out of Florida. This is a huge step forward. Senator Hays, you've done good work for the people of Florida and for the patients of Florida. And, I'm prepared to vote yes on your bill."
Senator Hays he appreciated all the kind remarks that were made and says he has high hopes for the measure.
"I am having a great time! I sure don't like some of the thing ya'll tried to do my bill though [laughs] but, you know they talked about how it's not pretty to watch laws and sausage made, but if that sausage is cooked right, when it's cooked and put before us on the plate, it sure is delicious. It's my hope that this bill will turn out to be that good for the medical profession in the state of Florida. Mr. President, it's all yours."
As the measure is now, hospitals are no longer immune from lawsuits due to the negligence of independent contractors, defense attorneys would not be able to talk to the injured patient's doctor, and if a person wants to bring suit against a doctor or hospital for malpractice, they can still do so without the concern of having to show a larger amount of proof. It would just still be the same number that is normally required under current law.
The Senate voted favorably 30 to 9 on the measure and the now amended version of the House Bill will go back to the House for approval. If it passes there, it will then head to Governor Rick Scott for approval.