Wednesday, September 18, 2013

Compensation for Personal Injury or Wrongful Death Arising from Medical Injury

A few months ago I wrote about a proposal in the Florida legislature to create a Patient Compensation System. In this system, an injured patient would file a claim with the help of a patient advocate, a medical review department would research and review the claim, a fee schedule would be used to determine and recommend an amount for economic and non-economic damages. If there was a dispute, a judge would determine whether law was appropriately applied. Money that physicians currently pay for malpractice premiums would go towards funding the Patients’ Compensation System. This Bill was introduced in March 2013, Senate Bill 1134/House Bill 897.
I wanted to update you that this Bill did not pass. Even though the legislature did not pass in Florida, I personally believe this is a very interesting model to help curb liability and health care costs, and more importantly, compensate injured patients faster. I think other states may use this system as an example to consider when considering implementing novel tort reform practices.
1. Guglielmo, WJ. Movement to A No-Fault Liability System. Medscape. September 13, 2012. Accessed September 17, 2013.
 2. Latner, AW. Florida Considers patient Compensation System.. The Clinical Advisor. February 21, 2012. Accessed September 17, 2013.
3. Compensation for Personal Injury or Wrongful Death Arising from Medical Injury. Accessed September 17, 2013


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