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With all the talk about liability and asset protection and runaway lawsuits and miscarriages of justice, etc., etc. on the forum as of late, I wanted to take a second to dispel this particular med-mal-myth.
I was recently able to speak with a very established med-mal attorney here in Florida. I asked about the "three strikes" law and what impact it actually has.
The perception amongst a lot of posters and readers of this forum is "accused or settled three times, and you're out; there goes your FL license".
Not true at all, says Med.mal Atty. To count as a "strike", the burden of proof that must be met is clear and convincing negligence, and it has to result in egregious harm that could have otherwise been avoided. Furthermore, it must be reviewed by the FL state medical board and have a corroborating judgment issued by the board.
The "three strikes" law went into effect in 2003.
The number of "strikes" to date that have been handed out thus far? Zero, according to Med.Mal Atty.
There ya go. Straight from the source.
I was recently able to speak with a very established med-mal attorney here in Florida. I asked about the "three strikes" law and what impact it actually has.
The perception amongst a lot of posters and readers of this forum is "accused or settled three times, and you're out; there goes your FL license".
Not true at all, says Med.mal Atty. To count as a "strike", the burden of proof that must be met is clear and convincing negligence, and it has to result in egregious harm that could have otherwise been avoided. Furthermore, it must be reviewed by the FL state medical board and have a corroborating judgment issued by the board.
The "three strikes" law went into effect in 2003.
The number of "strikes" to date that have been handed out thus far? Zero, according to Med.Mal Atty.
There ya go. Straight from the source.
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