GREAT RESULT IN FLORIDA

"Lawyers and doctors carried their bitter fight over medical malpractice into the Florida Constitution. Both sides lost, and maybe the public as well. Doctors put Amendment 3 on the ballot, which limits the contingency fees that lawyers can collect on malpractice awards. Lawyers countered with two amendments of their own. Amendment 7 makes hospital and doctors' records about medical errors public. Amendment 8 requires the state to deny doctors licenses to practice if they have three medical malpractice judgments against them.

Voters on Tuesday said yes to all three -- odd choices if you listen to the rhetoric coming from both sides. According to the lawyers, Amendment 3 will discourage them from taking malpractice cases, offering no recourse to many victims of medical error. And according to doctors, Amendments 7 and 8 will accelerate what they say is an exodus of doctors from the state and from high-risk specialties.

We're not sure what message voters were trying to send, if any. It could be that they believe that both lawyers and doctors are part of the complex malpractice problem. Or it could simply be that voters -- who approved all eight amendments on the ballot -- were in an agreeable mood.

We're also not sure who will lose the most from passage of these amendments. Lawyers will be hit in the pocketbook, hard. Amendment 3 will cost a lawyer $250,000 in a million-dollar malpractice verdict.

But Amendment 8, with its Draconian professional death penalty, will encourage doctors to settle lawsuits rather than risk losing their ability to practice in the state. In fact, a part of the problem with the amendment, other than its inflexibility, is that it only counts trial verdicts, administrative rulings and decisions of binding arbitration. The most egregious cases of malpractice are often settled privately."

The only one I am a bit dubious about is "three strikes and you're out" against doctors. It's a good law in theory but litigation madness could make it bad in fact. On the other hand, it may make courts a lot more cautious about approving frivolous lawsuits if it means the State will be losing lots of its doctors

More here

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For greatest efficiency, lowest cost and maximum choice, ALL hospitals and health insurance schemes should be privately owned and run -- with government-paid vouchers for the very poor and minimal regulation.

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