Medical Malpractice Insurance and Law in Florida Essay

Medical Malpractice Insurance and Law in Florida - Essay ExampleFlorida is just unitary of these states.In 2003, Florida slumped a comprehensive reform of its medical examination 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, affable 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 all damages in excess of $250,000. The amount that an attorney can collect is over and above the reasonable and customary be 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 cost 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 uncoerced 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