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GOP Senators Offer Amendment to Medical Malpractice Reform Package
Tallahassee - Today, Senators Mike Bennett (R-Bradenton) and Nancy Argenziano (R-Crystal River) offered an amendment to Committee Substitute for Senate Bill 2D regarding medical malpractice in effort to secure mandatory rate roll backs for insurance companies providing malpractice insurance coverage. This amendment seeks to address the increasing medical malpractice liability insurance rates which have threatened to: force Florida physicians to practice medicine without professional liability insurance, to leave the state, to not perform high-risk procedures, or to retire early from the practice of medicine.
"Senator Bennett and I felt it important to offer this amendment which mandates a 20% rate roll back in order to provide insurance companies with the predictability and stability necessary to regulate the market and lower doctors' insurance premiums. We felt like this was an important missing piece in the Senate's current malpractice reform package," said Senator Argenziano.
Included in the amendment are provisions for a rate freeze and a rate rollback for insurance companies providing medical malpractice insurance coverage. The rate freeze, similar to a provisions included in CS SB 2D, calls for malpractice insurance premiums to be frozen at those rates in effect on or before July 1, 2003. This rate freeze is intended to prevent further increases in doctors' premiums until the full effects of the medical malpractice reform legislation can be implemented. In addition, the amendment states that within 60 days of the effective date of the legislation each insurance company must submit a filing that reduces the rates in premiums to 20% below the rates and premiums in effect on July 1, 2003. These new rates would take effect no later than January 1, 2004, and would apply retroactively to policies issued on or after the effective date of the legislation.
Additional provisions in the amendment allowed insurance companies to contest the 20% rollback and instead submit a smaller percentage. With their suggested rate filing they are required to submit justification of why they can not comply with the 20% rollback mandate, to be reviewed by the Office of Insurance Regulation for acceptance or denial.
This amendment was withdrawn by the sponsors prior to a vote on the Senate floor.
"Unfortunately, the constitutionality of this measure was called into question and therefore we withdrew it, not wanting to jeopardize the passage of the Senate's medical malpractice legislation. We recognize the importance of providing relief from mounting malpractice insurance premiums and hope that the mandatory rate freeze and required rate filing included in the Senate's legislation will be successful in providing market predictability and result in reduced premiums for Florida's doctors," concluded Senator Bennett.
Patients die in hospitals and in care from negligence
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found.
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A disturbance of the brain function that causes confusion and changes in alertness, attention, thinking and reasoning, memory, emotions, sleeping patterns and coordination.
Proximate Cause
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Proximate cause is defined legally as a cause which, in a natural and continuous sequence, unbroken by any intervening event, produces injury, and without which, the injury would not have occurred.
Tort Liability
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The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
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