On Monday, May 2, 2011, the House of Representatives passed Bill 479 in an 88-28 vote. The new legislation hinders medical malpractice victims in three important ways:
1. The bill establishes a requirement that out-of-state physicians and dentists apply for and obtain a certificate from the Florida Department of Health before providing either verified written medical expert opinion or testifying to the prevailing standard of care in connection with medical negligence litigation.
2. HB 479 raises the burden of proof to clear and convincing evidence in personal injury or wrongful death claims based upon a health care provider’s failure to order, perform or administer supplemental diagnostic tests.
3. The bill also immunizes a hospital from liability based upon the medical negligence of its contracted health care providers unless the hospital “expressly directs or exercises actual control over the specific conduct that caused injury.”
The complete text of the bill can be found here.
If you, or someone you know, have been injured as the result of negligence, medical malpractice or a dangerous or defective product, contact me at (305) 358-3109 or firstname.lastname@example.org today for a free evaluation of your claim.