Malpractice Caps Decision Looms while outside groups attack The Florida Supreme Court
As the Florida Supreme Court begins to roll out its decisions from cases argued earlier this year, few are more anticipated than McCall v US, which will decide the constitionality of Floridas cap on malpractice lawsuits.
It is unlikely the decision will come before the general election, as three of the Justices are facing a merit retention election on this years ballot.
One thing is for sure, the same people who to grant immunity to the most serious offenders in the medical profession are also the persons seeking to remove these Justices from the bench.
The penalty that should be born by those in the medical profession who kill, paralyze or permanently harm innocent people should not be shifted to Medicaid and the taxpayers. Putting caps on damages is like sentencing a child molester to life in prison but limiting the number of years he can actually serve. Life in prison, just serve ten, out the door to do it again.
Almost every state supreme court has struck down these limitations. I beleive ours will too. When it does, you will hear the rue and cry that doctors will now leave our state to go practice elsewhere. Don't believe it.
Instead, we are likely to see more group practices where the doctors are paid salaries. With the financial worries left to others, they will be able to practice even better medicine. This is how the Mayo Clinic and Cleveland Clinic work. It will work in Florida too.
And by the way, Florida has some of the best doctors in the world. It's the bad ones who get sued over and over again.