Florida Considers Malpractice Protections for Emergency Medical Providers: Patients at Risk?
As the state of Florida considers liability protections to emergency room medical providers, many are saying, correctly so, in our opinion, that the idea puts patient at considerable risk.
Nearly six million people are treated in the emergency rooms across the state every year. On a national level, closed to 225,000 people die annually due to medical malpractice; half of those deaths result from emergency room errors. If ER negligence does cause injury or death, the victims may need care, support, and financial resources to continue on with their lives. If a cap was extended to ER medical providers, future assistance to victims would be restricted, incentives for appropriate care would be curtailed, and the taxpayer would be responsible for the care and compensation of injured, disabled or deceased victims via some form of public assistance. Doesn't it make more sense for the private sector; the hospital or provider who caused the damage to be responsible for it?
The proposed bill would expand sovereign immunity to ER doctors, nurses, paramedics and other personnel; a proposed economic damages cap would be set at $100,000. If the victim of a botched procedure, surgery, misdiagnosis, non-diagnosis can only receive this limited amount in compensation, he/she would never be able to pay for the cost of lifetime treatment or care. Further, this very limited cap would have a chilling effect on a victim's right to pursue a medical malpractice claim; the limited recovery could not offset the cost of pursuing such a claim. Worse, patients would not be powerless to hold those physicians accountable for their negligence, with the elimination of consequences, negligent conduct will, absolutely, increase.
The bill, if passed, would treat private doctors and corporate owned hospitals as state employees. As such, it would shift medical malpractice costs from private medical providers to the state government and down the line to taxpayers. It’s a dangerous thing to extend governmental immunity to private corporations and privately employed health care providers, as it relieves that provider of the consequences of negligent conduct. Does this make sense to you? The bill seeks to shift focus from the care and protection of innocent patients to the care and protection of the perpetrators of negligent conduct and/or medical malpractice. What's wrong with this picture?
While there is nothing 'good' about this proposed bill, at least it has no effect on other types of injury victims in Florida; auto accident, truck accident , slip and fall/premises liability, airplane crash, motorcycle accident victims may still pursue personal injury damages cases as before. Thus, accident victims waiting for settlements or court verdicts, may wish to inquire about lawsuit funding. It is easy to apply for a lawsuit cash advance; you can apply by phone or online. If you qualify, your overdue bills and expenses can be satisfied within 24-48 hours. Litigation funding is contingent upon the outcome of your case; if you lose the case, you do not have to pay the legal funding company back. The money is yours to keep without future obligation.
Legal finance may be used as you would like, but it tends to be expensive if you win your case. Thus, we advise that you use it only for important financial responsibilities: your mortgage, rent, tuition or car payments. The call to 1-877-377-SUIT is free; the advice is priceless.