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Florida Facing Medical Malpractice Reform

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A state study commissioned by the James Madison Institute has shown that medical malpractice reforms have decreased insurance rates for Florida physicians, but that “there is no mechanism in place to mandate a reduction in the patients’ health care costs when providers realize savings.”

However, non-profit group Patients for Fair Compensation has proposed an overhaul to the reform measures that would create a workers’ compensation-type system that would “adjudicate malpractice claims and curb the costly practice of “defensive medicine, “” Sunshine State News reports.

Sen. Alan Hays and state Rep. Jimmy Patronis are planning to sponsor reform bills at the 2012 Legislature including one in which “claims would go before a medical review board that would determine whether patients should receive compensation for their injuries.” A yet-to-be-set fee schedule would be used to determine the compensation amounts, the news reported Patients for Fair Compensation Chairman Rick Jackson as saying.

Attorneys in Florida are apprehensive about the planned bill because they say “additional condition is added to the burden of the claimant: They must prove that the ‘provider’s conduct was grossly negligent,’ whereas tort law currently requires only a ‘preponderance of evidence,'” researcher Mary Ann Fiedler reported. disclaimer: This article: Florida Facing Medical Malpractice Reform was posted on Tuesday, January 10th, 2012 at 10:08 pm at and is filed under Medical Malpractice Lawsuits.

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