Monday, April 22, 2019

Medical Malpractice Insurance and Law in Florida Essay

medical exam Malpractice Insurance and Law in Florida - Essay ExampleFlorida is just one of these states.In 2003, Florida passed a extensive 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, attorneys fees are capped at 30% for the first $250,000 of any medical malpractice award, and only 10% of on the whole damages in excess of $250,000. The amount that an attorney can collect is over and above the mediocre 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 indispensable because the costs of medical ma lpractice judgments drive up the cost of health care, which in turn threatens economic growth. (Johnson 3). indebtedness 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 increase premiums. Doctors, in turn, pass their costs of the mettlesomeer premiums onto the public. (Johnson 3). Physicians also might leave a state that has high malpractice amends 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 affirm that it is a tempest in a teapot. In other words, the costs of medical malpractice claims

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