Malpractice Myths: Florida's "Three Strikes Law"

Started by RustedFox
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RustedFox

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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.
 
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Also it seems that florida generates an inordinate number of news headlines of doctors practicing on the "fringe" or outright fraud/negligence. I'm sure most doctors there are great but not sure why florida has a reputation for whacko docs or if that has any grounding in truth.


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Parts of the state are also sinking into the sea. Stay away from south Florida.


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Also it seems that florida generates an inordinate number of news headlines of doctors practicing on the "fringe" or outright fraud/negligence. I'm sure most doctors there are great but not sure why florida has a reputation for whacko docs or if that has any grounding in truth.


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Florida has a reputation for whacko everything.

There are sites dedicated to collecting and sharing "Florida man" stories of weird crimes, but I've heard that's because their state laws lead to more arrest info being public and winding up in newspapers
 
Fark used to have a Florida Tag for that very reason. They still might, but I don't go to it anymore.
 
First of all - This might be a record for how many posts it took for a thread to get off-topic.

But, going with the flow:
One of the radio stations here in town does a game show once a week or so called "OTF". They read a crazy but true news story, and the caller has to identify whether it was from Ohio, Texas, or Florida.

I laughed out loud at this...then I wondered "how much of the US population lives in Ohio, Texas or Florida?" Turns out, it's about 25%

Subtract New York, Illinois and California from the denominator and OTF comes closer to comprising about 1/3 of our fellow citizens.

I'll leave drawing conclusions to the reader.
 
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Florida. Where this guy
314CA9C900000578-0-image-a-47_1455669282818.jpg


claimed these degrees
3157B5B700000578-3452794-Cover_up_When_reporters_with_ABC_affiliate_WBPF_showed_up_for_a_-m-27_1455802968368.jpg


and ended up with this outcome
3150DAA900000578-3450335-Love_Robinson_pictured_above_was_arrested_and_charged_with_pract-m-6_1455718199908.jpg


but not before having a thriving private practice for months that included at least one month of hospital time (!!!). BTW, he claimed he was an OB/GYN, which... i mean... of course he did.
 
How in the hell? With all the insane credentialling applications, references, background checks, license numbers, does this happen?


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The only thing I really miss about living in Florida is the authentic Cuban food and some of the fast food joints you can't find elsewhere like Pollo Tropical.
 
The only thing I really miss about living in Florida is the authentic Cuban food and some of the fast food joints you can't find elsewhere like Pollo Tropical.
There are Pollo Tropicals everywhere in Dallas and Houston.
 
The only thing I really miss about living in Florida is the authentic Cuban food and some of the fast food joints you can't find elsewhere like Pollo Tropical.
Texas has Pollo Tropical.

Sorry. Didn't read above posts prior. But for those that don't know, Pollo Tropical is legit.