Limitations in Medical Payments (LIMP) (HB 379/SB 1128)

more+
less-

Limitations in Medical Payments (LIMP) bills have been filed in both chambers of Florida Legislature (HB 379 by Rep. Hood and SB 1128 by Sen. Richter). The reconciled bill, if passed, would allow a jury rather than medical professionals decide what qualifies as a medically necessary treatment a doctor or a hospital can provide to a person harmed as a result of another person’s negligence. The bill would also allow a jury to decide whether the doctor should be paid for their treatment of the injured party. If the bill is passed, future plaintiffs will be restricted on how much they can ask for in medical damages.

The legislation will also require a jury to examine the medical necessity of each element of treatment delivered to victims of personal injury and severely restrict the rates at which health care providers can be reimbursed for the care they provide. The effect of the legislation will be to allow the negligent party to determine what doctors, hospitals and treatment plans to which a victim will have access.

So, if this legislation is passed, a jury will be able to determine how much a doctor’s expertise is worth, without even giving consideration to the doctor’s actual rates. In addition, the bill will allow a jury to question a doctor’s judgment on treatment options, and essentially places cost effectiveness above quality of care standards. Thus, this legislation unjustly eradicates an injured victim’s ability to obtain the best treatment after being hurt. Injured victims should have the right to pick their medical provider and to receive the highest quality of treatment available to them in order to fully recover from their injuries.

Topics:  Healthcare, Medical Liability, Negligence

Published In: Civil Remedies Updates, Health Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Searcy Denney Scarola Barnhart & Shipley | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »