Page 25 - Cannabis News Florida August 2022

Malpractice Insurance

EXPERT ADVICE

House Bill 6011 Dies in Rules: Good News for work with the millen-
nial mentality versus a
Florida Physicians Facing Wrongful Death Suits jury of our peers. You
have to consider how
that age group thinks
when sitting on a jury
BY VANESSA ORR Danna-Gracey, a Division of Risk Strat - non-economic damages in panel, and how to go to
egies. “This is good news because had the medical malpractice actions lit- Julie Danna court with the younger
For those physicians carrying medical bill passed, it would have caused even igated in Florida courts have generation making
malpractice insurance, there hasn’t been a more opportunity for lawsuits with attor- been eliminated. decisions.”
lot of good news lately. In addition to a neys going after that money, causing chaos “Since 2017, we have completely lost While many Florida doctors have cho-
millennial jury pool that is more likely to in Florida.” tort reform in Florida, which a lot of doc- sen to carry low policy limits of
award plaintiffs money than juries in the Physicians across the country are tors are not even aware of,” said Danna. $250,000/$750,000, believing that attor-
past, huge awards—often called nuclear already reeling from nuclear verdicts: in “When we had tort reform, everything was neys wouldn’t pursue them if there wasn’t
verdicts—are far more likely to go beyond March of this year, an Iowa City family was stabilized, and premiums were drastically as much of a reward, with out-of-court
the coverage that most physicians possess. awarded $97.5 million in a medical mal- lower. However, since 2017, when it was claims settling at an average of $400,000,
One bright spot in this area is the recent practice case, the largest award of this kind decided that it was unconstitutional to put this still leaves them at risk.
demise of House Bill 6011, which would in state history. In May, a jury awarded a a cap on pain and suffering cases, these “A lot of doctors share their $250,000
have allowed parents of adult children to landmark $111 million in damages to a rates have been going up, despite the fact limits with their corporations and allied
recover damages for mental pain and suf- patient in Minnesota when an orthopedic that Florida is already one of the highest in professionals, which leaves them even
fering in a medical negligence suit. practice allegedly failed to diagnose and the nation for medical malpractice insur- more vulnerable,” said Danna. “I strongly
While ordinary wrongful death actions appropriately treat compartment syn- ance costs.” suggest that they consider a separate poli-
(such as a suit based on a death caused by drome. Florida verdicts include two 2017 Danna notes that while plaintiffs’ attor- cy for the corporation and put the allies
an automobile accident) allow parents to verdicts for $33 million in Orlando and neys used to pursue more lawsuits, caus- under that. Doctors need a pure policy for
recover pain and suffering for the loss of $30 million in Miami, and a 2018 verdict ing a frequency problem, courts are now themselves, where they are not sharing
an adult child when there is no surviving of $109 million in a medical malpractice facing a severity problem, with attorneys their limits.”
spouse, suits based on medical malpractice case in Tampa. going for fewer cases that will result in Danna advises physicians to carry at
claims previously did not allow parents to “Verdicts that used to be $1 million are much higher awards. least $500,000 per claim/$1.5 million
recover for mental pain and suffering for now $10 million or higher,” said Danna. Court cases are also being influenced by aggregate per year limit to meet the
the loss of an adult child. This stipulation “What this means for doctors is that their changing jury demographics, which now national threshold. “We are seeing a lot of
would have been changed had HB 6011 premiums are going up, because most car- include younger millennials. surgical groups going for $1million/$3
taken effect. riers are running at a loss. For every dollar “Back in the day we had a jury of our million,” she added.
“House Bill 6011 was first indefinitely in, they are not bringing in enough to peers, but now these younger millennials,
withdrawn from consideration on March cover every dollar out.” who are very compassionate, tend to be For more information on policy limits, con-
12, and it died in Rules on March 14, Because the state of Florida did away more willing to award plaintiffs money,” tact Julie Danna at julie@dannagracey.com,
2022,” said Julie Danna, senior vice presi- with tort reform in 2017, it means that said Danna. “At meetings with carriers, we call (850) 530-3924 or visit
dent, National Health Care Practice, doctors are particularly at risk as caps on now discuss ways to prepare ourselves to
www.dannagracey.com.

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4 August 2022 southfloridahospitalnews.com South Florida Hospital News