Med-mal amendments go to Florida courts.The tort "reform" battle has moved from the voting booth to the courtroom in Florida, where voters approved three medical malpractice-related constitutional amendments in the November elections. The Center for Constitutional Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. (CCL) has been working closely with the Academy of Florida Trial Lawyers (AFTL AFTL Academy of Florida Trial Lawyers AFTL Air Force Task List AFTL Automatic Flat Tray Lidder (US Postal Service) ) to defend two initiatives that provide greater protections for patients against medical negligence. Amendment 7 guarantees patients access to health-care-facility or provider records relating to adverse medical incidents, including those allegedly caused by medical negligence. On December 7, a circuit court judge denied a motion filed by the Florida Hospital Association (FHA See Federal Housing Administration. FHA See Federal Housing Administration (FHA). ) and individual hospitals for a temporary injunction to block the measure, finding that the hospitals presented no justiciable Capable of being decided by a court. Not all cases brought before courts are accepted for their review. The U.S. Constitution limits the federal courts to hearing nine classes of cases or controversies, and, in the twentieth century, the Supreme Court has added further case or controversy. Amendment 8 is a "three strikes" provision that requires the Board of Medicine to revoke the medical license of any doctor found to have committed three incidents of medical malpractice. On November 15, a circuit court judge--concerned that legislative action may be needed to implement the measure and protect doctors' rights--issued a temporary injunction lasting until the end of the legislative session in early May. The FHA seeks a permanent injunction and a declaration that legislation is necessary before the amendment can take effect. On December 7, CCL and AFTL filed a motion to dismiss the lawsuit for lack of a justiciable controversy. They are preparing a motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers . Florida voters also approved Amendment 3, backed by the Florida Medical Association, which would cap contingent tees for attorneys representing claimants in medical liability cases. CCL is preparing to challenge the measure. View the full text of the amendments at www.floridiansforpatient protection.org/files/amendment Language.pdf. |
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