It has been in the works in the FL legislation for a while now, but the news of an agreement just came out recently. This is one byu Reuters published on 8/13/03:
Florida Lawmakers Approve Medical Malpractice Plan
Wed Aug 13, 6:02 PM ET
By Michael Peltier
TALLAHASSEE, Fla. (Reuters) - Florida lawmakers on Wednesday ended months of heated debate by passing a sweeping medical malpractice reform package that caps certain lawsuit damages and freezes insurance rates for at least four months.
Gov. Jeb Bush applauded lawmakers following three special legislative sessions to hammer out a compromise measure and said he would likely sign the bill into law on Thursday.
"I'm confident there will be a reduction in insurance premiums," Bush said. "I'm confident we'll have a better system to deal with doctors -- the small number of doctors -- that commit grievous malpractice. I know we will be able to get better data for all of us to be able to make policy decisions going forward."
The compromise plan caps damages for pain and suffering and other noneconomic penalties at $500,000 per doctor and calls for an immediate freeze on skyrocketing insurance rates that physicians say are forcing many to limit their practices or go out of business.
The bill also places liability caps for health care facilities and emergency rooms. Victims would be still able collect up to $2.5 million in noneconomic damages for the most egregious cases, such as those causing serious injury or death.
"In (homeland) security, we had to balance the issues of our civil liberties versus our need for security," said Republican state Rep. Dudley Goodlette, a key House negotiator. "In this issue, we're balancing the access to quality health care in this state with the access to the courts."
After hours of debate, the Senate passed the reform package 32-4. The House followed a few minutes later, approving the same bill 87-26.
Insurance companies would have up to 210 days to settle a case after a lawsuit is filed without being subject to lawsuits themselves, under a set of provisions changing current state laws regarding "bad faith."
Opponents of the bill included the Florida Medical Association, the Academy of Florida Trial Lawyers and medical malpractice insurers. Further, Democrats said the bill failed to require insurers to pass on savings to physicians who have faced steadily rising malpractice insurance rates.
Instead, the plan freezes rates until Jan. 1, when insurers would be required to justify new rates based on the new legal environment.
