Florida Senate turns its attention to medical malpractice
This year, Florida lawmakers enacted a series of restrictions on medical malpractice lawsuits back in 2003 to help lower medical malpractice insurance premiums. This past Session they passed several bills that placed caps on lawsuits against hospitals and required doctors who testify in medical malpractice cases to obtain expert witness certificates
Sen. Garrett Richter listens to debate in the Senate chamber. Photo Credit: Ana Goni-Lessan
From The Florida Currentwww.thefloridacurrent.com
Florida's Republican-controlled Legislature is already showing signs that it may venture again next year into a host of controversial insurance issues, including medical malpractice and personal injury protection.
The Senate panel charged with overlooking insurance plans to issue reports this fall on both those items as well as one on the financial status of Citizens Property Insurance Corp. Many times interim reports and briefs lay the groundwork for future legislation.
"We tried to pick up some of the issues that are important for the state but last session they didn't happen," said Sen. Garrett Richter and chairman of the Senate Banking and Insurance Committee. "It is an effort to at least keep them on the radar screen."
Any efforts, however, to make large-scale changes to medical malpractice or auto insurance laws will trigger a fierce lobbying battle among doctors, attorneys and insurance companies.
Lawmakers enacted a series of restrictions on medical malpractice lawsuits back in 2003 to help lower medical malpractice insurance premiums. This past session they passed several bills that placed caps on lawsuits against hospitals and required doctors who testify in medical malpractice cases to obtain expert witness certificates
The Senate plans to look at how well the 2003 changes have worked and whether or not premium costs remain too high and more limits need to be enacted. The committee plans to look at information from regulators, insurers and medical providers and analyze information from other states as well as the "litigation environment in Florida."
A report issued last fall by the Office of Insurance Regulation contended the market for medical malpractice is stable and continues to show signs of improvement. It pointed out that companies that write medical malpractice insurance policies continue to make a profit and that the average rate filing request in 2009 for physicians and surgeons was down 10.8 percent.
The move by the Senate comes right after the top carrier in the market -- First Professionals Insurance Company -- was acquired by The Doctors Company, the nation's largest professional medical liability insurance company. FPIC was sold for $362 million, representing a 31 percent increase over the stock price of the company before the sale. State insurance regulators are holding a hearing next Thursday on the proposed transaction.
Richter's committee is also planning to spend time looking at personal injury protection, or PIP. Florida's no-fault auto insurance law requires motorists to purchase $10,000 worth of PIP coverage which covers injuries in auto accidents regardless of fault.
The Senate plans to outline issues related to fraud in PIP and rising costs in the system, including analyzing premium and loss cost data obtained from state regulators and information on fraud from the Department of Financial Services.
Filed in: Health Care, Insurance, Legal
Tags: Citizens Property Insurance, Liability Protections, Medical Malpractice
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