Here is my Letter to the Editor, word for word, that was published by the Miami Herald on June 25, 2014:
WRONGFUL DEATH CAP
Re the June 19 letter DeGennaro the best person to lead Miami VA: While Barth Green may be a prominent South Florida doctor, he is hardly a legal scholar. While writing in support of Dr. Vincent DeGennaro, his “close friend and respected colleague,” he tries to bolster his argument by adding gratuitous debunked comments about doctors fleeing Florida because of its torts laws.
It appears that Dr. Green hasn’t read McCall v. United States, the historic decision handed down by the Supreme Court of Florida in March of this year. The decision struck down as unconstitutional the statutory cap on wrongful death damages caused by medical malpractice. The court determined that the Florida Legislature had been persuaded to impose caps, in large part, based on bogus evidence presented by Gov. Jeb Bush’s Select Task Force on Healthcare Professional Liability Insurance that, “Florida is in the midst of a medical malpractice insurance crisis of unprecedented magnitude,” which is forcing physicians to flee the state.
The evidence studied by the court showed both claims to be patently false. In fact, the irrefutable evidence demonstrated that “the numbers of physicians in both metropolitan and non-metropolitan areas have grown.”
The McCall opinion is a must-read for anyone interested in the truth about medical malpractice and the law in Florida.
It is important to all of us that opinions related to the medical legal system be founded on solid evidence.
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