Pendulum Switching on Medical Malpractice Laws

Recently the Florida Supreme Court, rejected damage caps on medical malpractice. Non-economic damage caps are controversial tort reforms to limit damages for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, physical impairment and loss of a loved one, etc.

This decision will affect all providers in Florida both psychologically and financially. Florida is already a 3 strike state, where you can lose your license over trial losses or successful sanctions from the Department of Professional Regulation. Whether one believes the caps are fair or unfair, this will impact health costs.

Lawyers, due to legal fees, i.e., time, expert witnesses, and non-guaranteed outcome, do not take many cases. These cases may now be considered. The provider’s response will be to become more “defensive” and drive up the costs. New physicians may see “greener pastures” in other states.

Through its risk factor chief complaint charting system, Xpress Technologies Electronic Health Record , is designed to help the provider avoid the pitfalls of a malpractice claim. In Florida, there has historically been a lawsuit filed for 1 in 20,000 Emergency Department visits. The Xpress Technology experience is 1 in 80,000 visits.

Our time tested templates help the provider pick out the potentially serious case out of the routine. Xpress Technologies documentation allows one to comment on the clinical course, plan, education, and provide a pathway to appropriate follow-up. Xpress Technologies physician staff has greater than 90 years of clinical experience with a minimal number of lawsuits and even fewer losses.