Categories : Injury Law

Important Notice

For any legal advice, be sure to contact an attorney. Legal issues can be very complicated, which is why the Law Offices of Blaine A Tucker offers FREE consultation and FREE Case Review. In most cases, there is NO FEE, unless you WIN

 

Florida Governor Rick Scott will have the last say on a malpractice bill that has passed in the Florida state senate and house. The bill, Senate Bill 1792, would make considerable changes to the way that patients are able to file for malpractice in that state. The changes the bills bring about have riled opponents. Supporters claim that the bill will make Florida more amicable to physicians and increase patient options.

The Changes in Senate Bill 1792

The changes that the bill entails have some patient advocates alarmed. One provision of the bill allows a physician’s defense team to inquire with other healthcare providers for the patient filing the lawsuit. The bill changes the law so that this is not considered to be a breach of the patient’s privacy, something that advocates are very concerned about. The supporters of the bill say that filing a medical malpractice suit makes inquiring about matters that would have formerly been protected by patient/provider privacy appropriate.

The other provision of the bill creates stricter requirements for experts who testify in malpractice claims. The new legislation would require that experts be practitioners of the exact type of medicine involved in the lawsuit, according to Clinical Advisor. This means that it could be much harder for patients and their attorneys to get experts to testify on their behalf.

The bill is similar to other efforts that have been taken up by other state legislatures. The idea behind the bill is that malpractice claims drive up the cost of healthcare and make states unattractive places for doctors to practice. In Texas, where a similar set of changes has been put into effect, has shown that the effects – attracting more doctors, lowering the cost of healthcare, etc. – have not manifested in the wake of that state’s legislation.

What This Means For Attorneys

Malpractice claims oftentimes hinge on expert testimony. Changes to the law brought about by this bill may make it very hard for attorneys to find experts who qualify to testify in their cases, making it harder for plaintiffs to pursue their claims. The bill is backed by the Florida Medical Association. Support for the bill was largely along party lines, with Republicans backing the bill and Democratic representatives opposing it. Some Republicans, however, did express concern over the bill, particularly with those parts that allow the defense counsel to access formerly private medical information to support their defense of their clients.

Checking...

Ouch! There was a server error.
Retry »

Sending message...

FREE Case Review

Fill in the form below for a FREE, No Obligation Case Review

Help Us Prevent Spam

9 - 3 =

Q & A

  • What to do if You have Been in a Car Crash?

    An automobile accident can turn your life upside down in an instant. If you’ve suffered Personal Injury due to car crash, you will suddenly be subject to medical bills, potential […]

  • Filing a Personal Injury or Wrongful Death Claim

    Personal injury attorneys work a wide variety of cases. In some instances, a worker is injured on the job due to lax safety standards or because they were asked to […]

  • Are Defective Products Lawsuits Worthwhile?

    Most of the time, when you hear about someone suing over defective products, it’s a dramatic case with a very large settlement. It’s easy to fault the media for this, […]

  • Premises Injury

    Immediate Action Necessary: Premises Injuries Slip and Fall Accidents Injuries at retail stores and outlets from slip and falls, trip and falls and falling merchandise require immediate action to prevent […]

  • What happens during a personal injury lawsuit?

    Your personal injury firm will determine the facts of your case and will contact the legal representation of the company or person you are filing a claim against. Most personal […]

Auto Accidents

  • Texting While Driving Accidents

    In the United States, distracted driving accounts for hundreds of thousands of automobile accidents every year. In recent years, accidents caused by texting while driving has contributed to an exponential […]

  • Why Do You Need a Houston Auto Accident Law Firm?

    If you or a loved one has suffered any type of personal injury during or resulting from an automobile accident, you may be entitled to monetary compensation from all responsible […]

  • Automobile Accidents Lawsuits

    Even though it’s an everyday occurrence, suing over automobile accidents is sometimes a controversial subject. There are people who sometimes find it unfair that someone is sued over an accident […]

  • Why Drunk Driving Accidents are So Dangerous

    Even when things get out of control, you can count on some common reflexes from most drivers. They’ll generally try to avoid hitting other cars or fixed objects, for one, […]

  • What Causes Truck Accidents?

    How a Truck Injury Lawyer can get you the compensation you deserve Truck accidents are a bit more complex, in many regards, than are passenger car accidents. To start with, […]

  • 18 Wheeler Collisions

    Injuries from accidents involving 18 wheelers require immediate action to prevent destruction of evidence. The Federal Motor Carrier Safety Regulations require certain records be maintained such as driver qualifications, training, […]

Product & Other Liabilities

  • Work Safety and Product Liability

    Most often, when a worker is harmed on the job due to a negligent employer’s actions or lack of action, they have the option to sue. But what if it’s […]

  • Why Product Liability Law Works

    There are plenty of adages about power corrupting. In the practical world, money does equate to power and, of course, corporations have a lot of money to throw around. One […]

  • Class Action vs. Individual Product Liability Claims

    Product liability claims are handled in several different ways, depending upon the circumstances. You have probably heard of class action lawsuits. These are cases where a group of people get […]

  • Baby Toy Recalls

    Some of the most frightening product recalls are those that involve toys. The population most at risk, of course, is young people and this makes it particularly dire when one […]

  • Premise Liability Claims

    Premise liability claims are usually filed when a property owner was negligent and where that negligence led to someone being hurt unnecessarily. The owner of a commercial property has a […]

  • Liability Law and Motorcycle Accidents

    Whenever you get on a motorcycle, you’re willingly taking on more risk than the driver of a passenger car. This is part of the thrill of riding and it’s one […]

  • Compensation for Injuries from Burns and Explosions

    Burns are some of the most devastating of all injuries. They’re among the most painful types of injuries, and this makes the suffering associated with them something most people would […]

  • Product Liability Tips

    Anytime you get injured or harmed from a product that you believe is defective, here are some of the things you need to do: You need to gather and preserve […]

Liability

  • Work Safety and Product Liability

    Most often, when a worker is harmed on the job due to a negligent employer’s actions or lack of action, they have the option to sue. But what if it’s […]

  • Why Product Liability Law Works

    There are plenty of adages about power corrupting. In the practical world, money does equate to power and, of course, corporations have a lot of money to throw around. One […]

  • Class Action vs. Individual Product Liability Claims

    Product liability claims are handled in several different ways, depending upon the circumstances. You have probably heard of class action lawsuits. These are cases where a group of people get […]

  • Baby Toy Recalls

    Some of the most frightening product recalls are those that involve toys. The population most at risk, of course, is young people and this makes it particularly dire when one […]

  • Premise Liability Claims

    Premise liability claims are usually filed when a property owner was negligent and where that negligence led to someone being hurt unnecessarily. The owner of a commercial property has a […]

  • Liability Law and Motorcycle Accidents

    Whenever you get on a motorcycle, you’re willingly taking on more risk than the driver of a passenger car. This is part of the thrill of riding and it’s one […]

  • Compensation for Injuries from Burns and Explosions

    Burns are some of the most devastating of all injuries. They’re among the most painful types of injuries, and this makes the suffering associated with them something most people would […]

  • Product Liability Tips

    Anytime you get injured or harmed from a product that you believe is defective, here are some of the things you need to do: You need to gather and preserve […]