USA Today reports: “Nearly 6,900 doctors in Florida lack malpractice insurance or other coverage … When they maim and kill, there’s less recourse, leaving patients damaged physically and financially, with families struggling to pay medical bills … Those physicians have been disciplined 44% more frequently over the past decade, and they are more likely to have committed criminal offenses – mostly for driving under the influence … In all, 110 of those physicians without insurance are licensed to practice in Florida after facing disciplinary action in other states.”
“In Florida, doctors self-report whether they carry medical malpractice insurance. The Florida Department of Health does not verify whether they are telling the truth. Nor does it confirm that doctors without insurance have other funds available to pay claims that arise.”
Florida Law provides: “A licensee who meets the requirements of this paragraph shall be required either to post notice in the form of a sign prominently displayed in the reception area and clearly noticeable by all patients or to provide a written statement to any person to whom medical services are being provided. Such sign or statement shall state: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. YOUR DOCTOR HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida law subject to certain conditions. Florida law imposes penalties against noninsured physicians who fail to satisfy adverse judgments arising from claims of medical malpractice. This notice is provided pursuant to Florida law.” Title XXXII, Chapter 458, 458.320 - Financial responsibility.
Florida Plastic Surgeons
USA Today reports: “In Florida, 1 in 5 board-certified plastic surgeons elected not to carry medical malpractice insurance … That figure does not include doctors who perform plastic surgery without certification, which Florida allows.”
“This can enable doctors with repeated medical malpractice cases to stay in business without having to pay higher insurance premiums … Despite the high level of risk involved in some plastic surgery procedures, including the fat transfer process of a Brazilian butt lift, Florida’s oversight system has few built-in checks and balances.”
“The Florida Financial Responsibility statute requires physicians to pay judgments up to $250,000, but federal bankruptcy law creates a loophole in which physicians can file for bankruptcy instead. According to a 2010 article in the University of Miami Law Review, the state medical board can’t discipline them for doing so.”
Our suggestion? If your physician does not have medical malpractice insurance, find another qualified and competent physician who does.
If you or a loved one have suffered serious harm as a result of medical negligence in Florida or in another U.S. state, you should promptly find a Florida medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your U.S. state who may assist you.
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