Florida is just one of these states.
In 2003, Florida passed a comprehensive reform of its medical malpractice laws. (Dobrinsky 2009). For instance, Florida Statute § 766.118(2)(a) limits medical malpractice “non-economic” damages to $500,000 per claimant. Fl. St. § 766.118(2)(a). Non-economic damages include such damages as pain and suffering, mental anguish, disfigurement, physical impairment, inconvenience, loss of companionship, loss of enjoyment of life and loss of consortium. Fl. St. § 766.202(8). Moreover, attorney’s fees are capped at 30% for the first $250,000 of any medical malpractice award, and only 10% of all damages in excess of $250,000. The amount that an attorney can collect is over and above the “reasonable and customary costs” that the attorney incurs. Fl. R. Pro. Conduct 4-1.5(f)(4)(B)(iii)(a).
Those in favor of such reforms state that these reforms are necessary because the costs of medical malpractice judgments drive up the cost of health care, which in turn threatens economic growth. (Johnson 3). Liability judgments drive up health care because malpractice insurers bear the brunt of the burden, and they pass their costs onto the doctors in the form of increased premiums. Doctors, in turn, pass their costs of the higher premiums onto the public. (Johnson 3). Physicians also might leave a state that has high malpractice insurance rates, which reduces the availability of health care. (Johnson 3). Before the 2003 legislation passed, Florida was declared a “disaster area” by the American Medical Association, due to doctors leaving the state or closing their practices due to high malpractice insurance and insurance companies willing to underwrite dwindling from a high of sixty-six to twelve. (Johnson 3).
Those against tort reform insist that it is a tempest in a teapot. In other words, the costs of medical malpractice claims
You hear about tort reform on the nightly news, as Republicans talk about the need for tort reform, and how tort reform should be at the centerpiece of any health care legislation. Those for tort reform talk about the excessive fees that…
This paper will discuss the issue related to how pharmaceuticals have gone stray from their focus of preventing from diseases to a money making business. It will also discuss tactics deployed by some companies, such as; creating fear of new diseases, releasing untested drugs, testing their drugs in poorer countries, prescribing medicines meant for adults to children and infants, prescribing medicines to chronic patients which have not been tested for long term usage, imported drugs and many others.
It would appear that the capacity to think rationally or make an intelligent choice is diminished when it involves a medical decision to prolong or terminate life. Right to life is absolute and demands utmost respect from all human beings including the state.
His superior, Mrs Smith (a consultant ophthalmologist and Mr Smith’s wife) was in attendance. Prior to the operation, Dr Foster had told Mr Smith that the operation carried a small risk of blindness, but that any other side effects were rare and/or minor.
Before actually entering in this profession, it is an imperative to know that what qualifications are needed and what are the responsibilities of the professional in this field. Next, scope for job prospects should be inspected. Finally, a personal reflection is deemed necessary to understand this profession as my specific career goal.
The implications it has made to the healthcare arena are creating millions of debates on whether it has really brought goodness to both clients and health care professionals alike. On the authors own opinion the principle that governs medical malpractice, that encompasses nurses and all other health care professionals, is advantageous on its essence but tons of considerations has to be taken otherwise.
Certain factors, however, play a role in the achievement of a quality care in the country. Therefore, the Government came up with the medical malpractice cost bill that aims at making physicians accountable at work. Since the introduction of this scheme, there has been different views on the effectiveness of the malpractices cost on health care delivery.
Physical therapists are among the professionals within the ambit of health care. Physical therapy is very important in that it is a treatment and a preventive measure at the same time. (White, Scott. The Importance of Physical Therapy. streetdirectory.com.
Negligence by a doctor such as Dr. Evil is a tort and a tort is a civil wrong which therefore makes this doctors actions a civil wrong against the patient. For example, in regards to the doctors duty in this case, it can be perceived that there was not a
The author states that medical ethics based on religion have a clear sense of fundamental values. In the Christian tradition these include a strong belief that human life is a divine gift which cannot be disposed of by mortals. It is often seen as wrong to interfere with the manifest destiny which has been prepared for man.
In relation to housing, International students should understand the following terms. A Lease is an agreement that expresses the legal privileges and responsibilities between a property owner and an occupant.
3 pages (750 words)Essay
Got a tricky question? Receive an answer from students like you!Try us!
Let us find you another Essay on topic Medical Malpractice Insurance and Law in Florida for FREE!