Lilly, O'Toole & Brown Blog

Medical Malpractice Insurers Profit from Misleading Information

The Lakeland Ledger published a letter from B.D. Ballard who was upset about medical malpractice. Ballard (unknown if Ballard is male or female) was rushed to a hospital emergency room where a pacemaker was installed. According to Ballard, this was not done properly and Ballard has contacted two law offices about this issue. Both have been unable to help Ballard because of a 2002 law change that effectively shuts off any chance of recovery for a patient who suffers medical malpractice in an emergency room setting without death or close to it.

When this law was being debated medical lobbyists claimed doctors were leaving Florida in droves (not true), that malpractice insurance was skyrocketing (not true), and that malpractice insurance companies were leaving the state (again, not true). In fact, when forced to testify under oath the insurance company big wigs had to admit they were making money in Florida, that doctors were not leaving in droves and malpractice carriers were applying to provide coverage in Florida. The insurance companies just wanted to make sure they could get their premiums but shut down any chance of having to pay anything out.