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New law discourages medical malpractice lawsuits

If a doctor makes a mistake, you expect that he will pay for the damages to your body and the medical bills that result from your surgeries. However, a new potential law in Florida may worry Ohio readers, especially if it passes on to other states.

According to a release from Sept. 10, a medical malpractice bill in Florida is coming close to becoming a law. If it does, it seeks to make medical malpractice lawsuits a difficult, time consuming process. The Republican-supported bill is facing criticism from the Democrats because it would make it very difficult to sue a doctor or medical practice. According to the legislation, there would be new restrictions on who would be considered as an expert witness in a case, and it also states that the witness must practice the exact same type of medicine, not just in a similar field. This would make it difficult to find a witness in some cases.

The second provision of the bill states that attorneys defending physicians can now ask subsequent healthcare providers about a patient and the history of the patient, and it would not be considered a breach of confidentiality. This may only occur when the lawsuit is filed, however.

According to news, people who disagree with the bill state that it would make it hard for patients and victims to find a witness and that the witnesses would be restricted unnecessarily. Additionally, the breach of a patient's privacy is not something many people care for with the bill.

While this law does not apply to the state of Ohio, it does highlight the need for experienced legal advice in medical malpractice cases. People expect to receive the correct and appropriate medical care. When this doesn't occur, injuries or death may occur. Sometimes, the only course of action may be through a civil lawsuit.


Source: 
Renal & Urology News, "Florida Medical Malpractice Bill Close to Becoming Law" Ann W. Latner, JD, Sep. 10, 2013

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