Proposed Landmark Legislation Replaces Current Medical Malpractice System

Patients for Fair Compensation applauded Florida lawmakers Sen. Alan Hays (R-Umatilla) and Rep. Jimmy Patronis (R-Panama City) for sponsoring proposed 2012 legislation that aims to replace the current malpractice litigation system and eliminate up to $ 40 billion per year of medically unnecessary medical costs in Florida*.

Senate Bill 1588/House Bill 1233 would address malpractice compensation claims through an administrative – rather than litigious – process that aims to reduce medical errors; ensure the injured are fairly compensated; and protect caregivers from unfair litigation.

“The current medical liability system isn’t working for patients or physicians. It is adversarial, expensive and inefficient.” – Rep. Jimmy Patronis

“Legislative action in 2012 is essential to protect Florida’s patients and reduce unnecessary health care costs,” he explained.

By replacing the current medical liability system with one legally modeled after the Workers’ Compensation System, the interests of patients, doctors and taxpayers can be aligned. The system discourages the practice of defensive medicine, optimizes quality health care and ensures real access to justice.

The proposed legislation in support of a Patients’ Compensation System would:

    --  Utilize a no-fault, state-driven approach modeled after the legal
        precedent of the Workers' Compensation System to better align the
        interests of patients, doctors and taxpayers.
    --  Lower health care costs by reducing the incidence of unnecessary tests
        and procedures currently ordered by health care providers seeking to
        protect themselves from potential lawsuits. This form of "defensive
        medicine" is estimated to cost the Florida health care system as much as
        $ 40 billion a year*.
    --  Improve quality of patient medical care by establishing a system that
        realigns incentives toward patient safety and a reduction in medical
        errors, while assuring all patient complaints are heard and quickly
        resolved. The system also would ensure more patients are fairly
        compensated.

“It is estimated that one in three dollars spent on health care in Florida currently pays for unnecessary test and treatments that physicians order for fear of being sued.” – Sen. Alan Hays

“Passage of this bill will significantly help reduce the rate of increases in healthcare expenses,” Hays said.

For more information, please visit www.patientsforfaircompensation.org.