Florida Senate Proposes Malpractice Protection for ER Physicians

Tags: emergency rooms | Florida | hospitals | legislation | tort reform

Republicans in the Florida Senate have proposed legislation that would make physicians, nurses and paramedics who work in emergency rooms "agents of the state," protecting them from medical malpractice lawsuits, according to a report in the St. Petersburg Times.

The measure, proposed by Sen. John Thrasher, would apply to providers at public and private hospitals. Under the law, if a claim is filed, the state would pay the claim, subject to the sovereign immunity cap of $200,000, and plaintiffs would need to file a claims bill in the Florida legislature to claim more money, according to the report.

This bill is one of several currently in the Florida legislature that address malpractice issues and are opposed by Florida's trial lawyer lobby. The proposed bills include “a cap on attorney fees for lawsuits on behalf of the state Attorney General's Office; protections for businesses against so-called slip-and-fall claims; and the ability for parents to waive liability, but not negligence, for children participating in dangerous activities,” according to the report.

The trial lawyer lobby is working against the emergency room bill, saying current law already limits the number of cases that can be brought against ER physicians, according to the report.

Read the St. Petersburg Times' report on Florida tort changes.

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