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Answer by kenjeth_vix
ask for a public lawyer. no need for you to pay. (it’s government paid) =)

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A Circuit Court Judge in Seminole County, Florida, has found a portion of Florida’s 2003 medical malpractice reform legislation unconstitutional. It is believed this is the first case to address the constitutionality of the new law.

The 2003 medical malpractice tort reform act was promoted heavily by Governor Bush, who forced a mostly reluctant Florida Legislature back for five special sessions last year to deal specifically with medical malpractice reforms. The 171 page malpractice package that finally passed made several controversial changes, including placing caps on damage awards against doctors and hospitals and granting complete immunity to HMO’s for the negligent conduct of their contract doctors. The new legislation went into effect in September 15, 2003, but under its terms it applies to malpractice incidents occuring both before and after that date.

On April 22, 2004, Circuit Court Judge Marlene Alva issued a short written order stating that the application of the new law was unconstitutional because it retroactively took away vested rights of patients who were already injured by malpractice before the date the new legislation was enacted. The case before Judge Alva concerned the liability of Cigna HMO for the alleged negligence of one of its member physicians leading to the death of a 16 year-old patient in October 2002. Although the medical incident occurred before the new law was passed, Cigna HMO claimed the new law granted it retroactive immunity from suit. Scott R. McMillen, the attorney for the teenager’s family, stated “The court’s ruling is limited solely to the retroactivity issue, and what it means is that there is no immunity for any negligence occurring before September 15, 2003. But the case has broader importance because the same legal reasoning should also apply to the retroactive application of the damage caps on doctors and hospitals.”

The court’s ruling was based on an earlier Florida Supreme Court case and on a provision in the Florida Constitution granting all Florida’s citizens the right of access to Florida’s courts for redress of injury. McMillen stated “… other courts will eventually have to decide if even the future implementation of malpractice immunity or damage caps will be valid. But it’s clear Governor Bush can’t unilaterally take away fundamental rights granted by the Constitution based on short term partisan politics. If he wants to do that he will have to revoke the Constitution first.”

For additional information, or a copy of the court order or legal brief, contact:

Scott R. McMillen

McMillen, Reinhart & Voght, P.A.

Attorneys at Law

Orlando, Florida 32801

407-843-0126

http://floridamalpractice.com

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An estimated 25% of all practicing physicians are sued annually for malpractice. Nurses, pharmacists and other healthcare professionals are also at risk for medical malpractice lawsuits. In medical malpractice litigation, medical records are reviewed and testimony is given for both the defendant (the medical professional) and the plaintiff (the patient who is bringing the legal suit) by retaining attorneys. Medical professionals are reimbursed on average of between $ 250 and $ 600 for each hour spent reviewing documents and testifying as to an opinion of the merit of the case.

Any health care professionals in any specialty can be hired to do this review and to testify as to their professional opinion. But before doing so they must first learn how to deflect the opposing attorney’s attempts to impeach (discredit) them with several tactics.

A new home study course teaches how to deflect or at least neutralize these well known discrediting tactics.

Previously health professionals would have had to travel to attend expensive and time-consuming medical expert workshops to gain that knowledge and spent an average of $ 1500 -$ 2000 just for tuition and not including travel and hotel costs.

This home study course can be obtained at a fraction of the cost of other courses on your own timeline from the comfort of home. “Medical Malpractice Expert Witnessing: Introductory Guide for Physicians and Medical Professionals” (Potomac Press, ISBN-10: 1420058959, 592 pages) with a complete CD-ROM by Perry Hookman MD can be purchased at http://www.MedMalBook.com.

One can either purchase the entire 600 page hardcover volume including a helpful CD-ROM or select and download individual chapters for a smaller fee. Also included in the price is personal coaching by the author Dr. Hookman.

In explaining why he is doing this, Dr. Hookman said, “I want to provide the next generation of physician defendants and medical experts with a convenient, comprehensive and affordable way to gain the education they need to survive the medical malpractice experience intact.”

The book discusses among many other subjects: