Floridas Amendment 3 vs. Amendment 8

[north2southOMFS]

Ok, now i need the help of the Floridians on this one. My fiancee is a sunshine state gal, I'm from the midwest, were both down in the dirty south (LA) right now while i do my residency.

We keep getting innundated with mailings from florida about floridas amendment numbers 3 and 8 on novembers ballot, and she is voting with an absentee florida ballot.

Most of these mailing are pretty shady looking an If I read them correctly they say to vote no to ammendment #3 and yes to #8 or all medical hell will break out. Doubtful.

What I can find out on my own is that ammendment #3 limits the money a lawyer can get out of a medical malpractice lawsuit to 30% of the first $250,000, and 10% to all money thereafter. I like that Idea. So my inclination would be to vote yes to that. Anything to tank the bloodsucking lawyer is good.

What I can find out about ammendment #8 is that if you have a total of 3 medical malpractice claims against you, you can never practice in the state of Florida again. I find that to be quite outrageous. So my inclination would be to vote no to that ammendment. Obviously our esteemed professional collegues in the law field have no Idea how many times a doctor gets sued in his or her lifetime....there may not be any doctors left in florida if this gets past.

Sorry for the longevity of the post but if any floridian has any info on these try and give us a post.

Thanks.

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[mike3kgt]

Ok, now i need the help of the Floridians on this one. My fiancee is a sunshine state gal, I'm from the midwest, were both down in the dirty south (LA) right now while i do my residency.

We keep getting innundated with mailings from florida about floridas amendment numbers 3 and 8 on novembers ballot, and she is voting with an absentee florida ballot.

Most of these mailing are pretty shady looking an If I read them correctly they say to vote no to ammendment #3 and yes to #8 or all medical hell will break out. Doubtful.

What I can find out on my own is that ammendment #3 limits the money a lawyer can get out of a medical malpractice lawsuit to 30% of the first $250,000, and 10% to all money thereafter. I like that Idea. So my inclination would be to vote yes to that. Anything to tank the bloodsucking lawyer is good.

What I can find out about ammendment #8 is that if you have a total of 3 medical malpractice claims against you, you can never practice in the state of Florida again. I find that to be quite outrageous. So my inclination would be to vote no to that ammendment. Obviously our esteemed professional collegues in the law field have no Idea how many times a doctor gets sued in his or her lifetime....there may not be any doctors left in florida if this gets past.

Sorry for the longevity of the post but if any floridian has any info on these try and give us a post.

Thanks.

To all:

Proposition 3:

Proposes to amend the State Constitution to provide that an injured
claimant who enters into a contingency fee agreement with an attorney
in a claim for medical liability is entitled to no less than 70% of
the first $250,000.00 in all damages received by the claimant, and 90%
of damages in excess of $250,000.00, exclusive of reasonable and
customary costs and regardless of the number of defendants. This
amendment is intended to be self-executing.

My thoughts-

Seems good on paper. The claims that this ballot will make healthcare in FL MORE expensive is rediculous. Heavily supported by the Florida Medical Association and seeks to establish a California-like medico-legal system. Will this be the cure? Probably not, but it's a step in the right direction.

Proposition 7:

Current Florida law restricts information available to patients
related to investigations of adverse medical incidents, such as
medical malpractice. This amendment would give patients the right to
review, upon request, records of health care facilities' or providers'
adverse medical incidents, including those which could cause injury or
death. Provides that patients' identities should not be disclosed.

My thoughts-

Absolutely not. I have spoken to countless numbers of physicians who say this is a terrible step in the wrong direction. Doctors will not sign on to any advisory boards, review committees, or independent organizations for fear of reprisal.


Proposition 8:

Current law allows medical doctors who have committed repeated
malpractice to be licensed to practice medicine in Florida. This
amendment prohibits medical doctors who have been found to have
committed three or more incidents of medical malpractice from being
licensed to practice medicine in Florida.

My thoughts-

The worst thing that could happen in the state of FL. If this were true and no grandfathering clause initiated, we will not have a single neurosurgeon practicing in South Florida. Doctors will be forced to practice somewhere else (i.e. - a state that is less hostile towards healthcare providers), and physicians will limit their practices EVEN MORE by not preforming high-risk procedures and will lead to screening of new patients to refuse admitting high-risk patients. This is a step from the trial bar to attack physicians (and Dentists provided you obtain an MD) by seeking legislative control over our careers. Do you want politicians controlling the scope of your practice?

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To all who are unaware, Florida voters will choose whether these
proposals will be passed and will amend the state's constitution. For
example, if #8 passes, if you have three med mal judgments against
you, you may lose your license (on paper it sounds okay to keep "bad
docs out", but look deeper to find out why it is not so great).

The Florida Medical Association takes a stand stating Yes on 3, No on
7, No on 8.

-Mike

 

[north2southOMFS]

Hey thanks bud, That is what I thought. I knew those letters and pamphlets coming to the house were from bogus groups created by lawyers trying to get you to vote their way through scare tactics.

I can honestly say I think I hate the profession of law. They have lost every bit of integrity they may have once had, and yet they keep going down hill.


...but hey, that is only my opinion. Thanks again for the info.

 

[SneakyBooger]

If Amendments 7 and 8 pass, which it looks like they will, I would not come to Florida to practice medicine.

They will pass because laypeople don't fully understand the effects these amendments will have.

However, there will be plenty of openings as those who are here stop performing high risk procedures.

Peace,
Sneak

 

[mike3kgt]

If Amendments 7 and 8 pass, which it looks like they will, I would not come to Florida to practice medicine.

They will pass because laypeople don't fully understand the effects these amendments will have.

However, there will be plenty of openings as those who are here stop performing high risk procedures.

Peace,
Sneak

Scope of practice regarding high risk procedures will be limited to lowering liability, research will decrease because of liability risk (can you say Vioxx??), and most importantly, patients will suffer when all of us will have to travel to extraordinary lengths to get treated for any high risk procedures.

We are spending so much time talk about how much we love/hate the president, but why don't we concentrate on issues that DIRECTLY affect healthcare like #8.

I've had discussions with several of my classmates regarding the presidental election, #3, 7, and 8. Haha, just picture SimLab with groups of students arguing over politics, sure beats designing interm RPDs .

-Mike

 

[GoGatorsDMD]

What is ridiculous is that these are constitutional amendments. When I think of constitutional amendments, I think of something like the 1st amendment or the 12th of the U.S. Constution, amendments that guarantee fundamental rights or direct how the government is to operate.

It is way too easy to amend the constitution of this state. Last election we had a amendment pass regarding how pregnant pigs are tethered up in their pens.

 

[mike3kgt]

What is ridiculous is that these are constitutional amendments. When I think of constitutional amendments, I think of something like the 1st amendment or the 12th of the U.S. Constution, amendments that guarantee fundamental rights or direct how the government is to operate.

It is way too easy to amend the constitution of this state. Last election we had a amendment pass regarding how pregnant pigs are tethered up in their pens.

And this election, the voters will be trying to appeal the passage of an amendment passed in 2000. Bullet trains? oh yeah??? where are we getting the $$ from?

There is a lot of talk about cutting out the ballot initiative process, but lots of opposition from the ACLU and other groups. Bah.

-Mike

 

[north2southOMFS]

Hey do you guys know if ammendment 3 will pass? That could be the best thing to happen. To limit the loser professions amount of money they can recieve with malpractice cases. Go #3!!!

 

[mike3kgt]

Hey do you guys know if ammendment 3 will pass? That could be the best thing to happen. To limit the loser professions amount of money they can recieve with malpractice cases. Go #3!!!

A majority of people who are in the know believe #3, 7, and 8 will pass. What does this mean? Well, the attorneys will work around #3 by having clients waive their rights before signging onto a med mal case. Docs on the other hand? 3-strikes and you're out, no matter how you look at it.

Check out this article:

Edwards' malpractice suits leave bitter taste
http://www.washingtontimes.com/national/20040816-011234-1949r.htm

Enjoy,
-Mike