Florida Hospitals Attack 'Right to Know' Medical Malpractice Amendment
Florida Hospital lawyers have urged the Florida Supreme Court to delay implementation of the state constitutional amendment that gives patients the "right to know'' about past mistakes made by doctors and medical facilities. These medical malpractice lawyers also asked the justices to reverse two separate appellate court rulings that struck down a law the Legislature passed to implement the amendment and limit the records of "adverse medical incidents'' that patients can obtain.
The amendment is one of two voters passed in 2004 after they had been placed on the ballot through citizen initiatives organized by trial lawyers who represent patients in medical malpractice cases. The other amendment bars doctors with three malpractice judgments against them from practicing.
The Florida Supreme Court is deciding these issues as a result of disagreement between appellate courts as to whether the amendment applies to past records or only those created since voters approved the measure in November 2004. The amendment itself does not specifically say if it's prospective or retroactive. If the amendment applies only to new records, those created after the 2004 election, that would result in a delay of many years before the measure gives patients any meaningful help in its intended purpose of letting them check on the past performance of doctors and hospitals.
Now that the Court has heard argument, we will await its decision. Hopefully, the true intent of the voters will prevail and healthcare consumers will soon be able to benefit from the availability of important information about their doctors and hospitals.
