TALLAHASSEE - Florida lawmakers finished work Wednesday on legislation making changes to medical malpractice rules, with its critics complaining to the end that the results will hurt victims making malpractice claims.
The measure (SB 1792) cleared the House on a 77-38 vote and now heads to Gov. Rick Scott for his consideration. The bill passed the Senate last month.
The bill had an influential backer in Senate President Don Gaetz, R-Niceville, and its House manager was his son, Rep. Matt Gaetz, R-Fort Walton Beach.
The legislation requires that expert witnesses who are called against a defendant doctor practice the exact same kind of medicine and not just be in similar fields.
Rep. Cynthia A. Stafford, a Miami Democrat, said that section would hurt defendants because it would "unduly restrict the pool of experts who will be available to testify."
The bill also would allow - but does not require - any health care provid er called as a witness to breach patient confidentiality and give the defendant's attorneys information about a patient's treatment.
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"The Gaetz legislation that passed this morning violates patient privacy, harms doctor/patient relationships and may not even be constitutional,'' said Debra Henley, Executive Director of the Florida Justice Association. "Today is a bad day for the rights of patients, consumers and the entire state of Florida."
[Follow @DebraHenley218 on Twitter]
Florida malpractice bill passes House, heads to governor
Associated Press | Published: May 1, 2013
FJA NEWS
2013 Legislative Session | The Conclusion
The Florida Legislature completed its 2013 Legislative Session in the early evening of Friday May 3rd. The Florida Justice Association anticipated an onslaught of attacks on your clients and your practices. Nevertheless, all things considered, The Florida Justice Association enjoyed a successful session. We did not prevail on every issue but, in all candor, we absolutely would have if it had been a fair fight. We will be examining the many troubling aspects of the Florida Legislature in the months to come, and we would very much welcome all of you to be a part of this discussion.
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