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Med Mal News

By ALM Staff | Law Journal Newsletters |
April 22, 2011

FL Bill to Limit Hospital Liability Progresses

A House subcommittee of the Florida legislature approved a medical malpractice reform bill in March that would protect hospitals from malpractice liability stemming from the actions of doctors who practice in them under contract. This provision of the bill is meant to settle a split in the decisions of Florida courts, some of which have held hospitals responsible for the medical malpractice of independent contractors and others of which have not. While doctors and hospitals are obviously in favor of the bill, patients' rights advocates and plaintiff attorneys are not. In addition, some are concerned with the fact that many independent contractors do not carry enough insurance to cover claims made against them; in such cases, the state, through Medicaid, will sometimes be left to care for injured patients, rather than the hospitals that contracted with doctors who caused the injuries. Two more subcommittees must approve the bill before it can reach the floor of the House.

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