Florida Gov. Signs Tort Reform Bill into Law

The law requires a physician, osteopathic physician, or dentist who provides expert testimony concerning the prevailing professional standard of care of a physician, osteopathic physician, or dentist to be licensed in this state or possess an expert witness certificate issued by the Department of Health. Florida licensed physicians and dentists and practitioners with an expert witness certificate will be subject to disciplinary action for offering false or misleading information as an expert witness.

The Board of Medicine is required to create by rule a standardized informed consent form setting forth the risks of cataract surgery. An executed informed consent form creates a rebuttable presumption that the physician properly disclosed the risks of cataract surgery in a civil action or administrative proceeding. Risks described in the signed informed consent form may not be classified as an “adverse incident” pursuant to s. 395.0197, F.S.

The law requires an insurance policy or self-insurance policy for medical malpractice coverage to clearly state whether or not the insured has the exclusive right of veto of any admission of liability or offer of judgment. The law repeals the requirement that a self-insurance policy or insurance policy for medical malpractice must authorize the insurer to make this decision without the permission of the insured medical provider if the action is within the policy limits.

The law makes inadmissible all evidence related to an insurer’s reimbursement policies or reimbursement determination regarding medical care provided to a plaintiff. The law also prohibits the introduction of federal standards and regulations into evidence to establish that the medical provider breached the prevailing professional standard of care.

The law requires a claimant to submit, along with the other required information, an executed authorization form as set forth in the law, for the release of protected health information that is potentially relevant to the claim of personal injury or wrongful death when he or she notifies each prospective defendant of his or her intent to initiate litigation for medical negligence. If the court finds that the authorization is not completed in good faith by the claimant, the court shall dismiss the claim and assess attorney’s fees and costs.

A volunteer team physician at a sporting event sponsored by an elementary or secondary school, or a licensed practitioner who gratuitously conducts a medical evaluation of a student prior to the student participating on an interscholastic athletic team, is not liable for civil damages for the care, treatment, or evaluation unless it was conducted in a wrongful manner.

These provisions take effect October 1, 2011, and apply to causes of action accruing on or after that date.

REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458 
MEDICAL PRACTICE

(1)(a)The Florida department of Public Health shall issue a certificate authorizing a physician who holds an active and valid license to practice medicine in another state or a province of Canada to provide expert testimony in this state, if the physician submits to the department:

1.A complete registration application containing the physician’s legal name, mailing address, telephone number, business locations, the names of the jurisdictions where the physician holds an active and valid license to practice medicine, and the license number or other identifying number issued to the physician by the jurisdiction’s licensing entity; and

2.An application fee of $50.

(b)The department shall approve an application for an expert witness certificate within 10 business days after receipt of the completed application and payment of the application fee if the applicant holds an active and valid license to practice medicine in another state or a province of Canada and has not had a previous expert witness certificate revoked by the board. An application is approved by default if the department does not act upon the application within the required period. A physicianmust notify the department in writing of his or her intent to rely on a certificate approved by default.

(c)An expert witness certificate is valid for 2 years after the date of issuance.

(2)An expert witness certificate authorizes the physician to whom the certificate is issued to do only the following:

(a)Provide a verified written medical expert opinion as provided in s. 766.203.

(b)Provide expert testimony about the prevailing professional standard of care in connection with medical negligence litigation pending in this state against a physician licensed under this chapter or chapter 459.

(3)An expert witness certificate does not authorize a physician to engage in the practice of medicine as defined in s. 458.305. A physician issued a certificate under this section who does not otherwise practice medicine in this state is not required to obtain a license under this chapter or pay any license fees, including, but not limited to, a neurological injury compensation assessment. An expert witness certificate shall be treated as a license in any disciplinary action, and the holder of an expert witness certificate shall be subject to discipline by the board.

According to the Licensure and Auditing Support Services

The application will be available online in October.

Here is the link for more information.

http://www.doh.state.fl.us/mqa/Legislation/legis.htm

Fall2011 Newsletter 

Return to Fall 2011 Newsletter

Reprinted with permission from Author 800-683-9847

Tags:expert witness,physician,dentist,medical malpractice,wrongful death,osteopathic