AFTL files three proposed constitutional amendments June 1, 2004 Regular News Three constitutional amendment initiative petitions backed by the Academy of Florida Trial Lawyers and which affect doctors’ fees and malpractice records have been filed with the Florida Supreme Court for review.The requests to determine whether the amendments encompass a single issue and whether the ballot language accurately summarizes the proposed amendment were submitted by Attorney General Charlie Crist on May 11.The filing is the latest salvo in the battle between the academy and the Florida Medical Association. In March, the FMA had its proposed constitutional amendment limiting contingency fees in medical malpractice cases filed with the court. Oral arguments are scheduled on that amendment on June 8.The three AFTL amendments are:• Patients would have a right to see adverse incident reports relating to doctors and health care facilities they use.• Doctors who have committed malpractice three times, either determine in an administrative process, found by a court of law, or in binding arbitration, would lose their licenses.• Doctors would have to charge all patients the same rates, which would be the lowest rates they have agreed to accept from any purchaser, such as an insurance company or an HMO.After getting the amendments, the court ordered comments and briefs to be filed by May 24, reply briefs by June 1, and set oral arguments for June 7 — the day before the FMA amendment.Paul Jess, of the AFTL, said so far Floridians for Patient Protection, the political action committee backed by the academy and which is pushing the three amendments, has collected more than 450,000 signatures for each of the three amendments. “We are very close and on track to make the ballot,” he said.State law requires that just over 488,000 verified signatures be gathered, with a certain number split among a minimum number of congressional districts to ensure various parts of the state are represented. Practically speaking, Jess said that means backers must gather 600,000 signatures or more to ensure that enough are verified in the appropriate number of congressional districts.The secretary of state must also have received the verified signatures from the various local supervisors of elections by August 3, so petitioners must submit the signatures to the supervisors several weeks in advance of that date to allow time for signature verification.He also said he’s confident there are more signatures for the three AFTL initiatives that the FMA has for its single one.The amendment is being pushed by Citizens for a Fair Share, a political committee created by the Florida Medical Association. The amendment provides that in any medical liability case, the client must get no less than 70 percent of the first $250,000 awarded, not counting costs and expenses. Above $250,000, the client would get 90 percent of any award, after costs and expenses.Plaintiffs’ lawyers have said that will make it impossible for lawyers to take many medical malpractice cases, and injured patients will bear the brunt of coping with their ailments. Jess said the academy is looking forward to the oral arguments on that amendment. “We’re very confident that the Florida Supreme Court, after looking at the brief and listening to the oral arguments, will find that the FMA initiative violates the single subject rule and that the ballot title and summary are misleading,” he said.Likewise, Lisette Mariner, a spokesperson for the FMA, said that organization is ready for oral argument. She said the FMA sees the three doctor-related amendments as baseless.“We know these proposals have no merit,” she said.“That’s why they have been ready not to go through with their amendments and drop them if we drop ours.”She said the FMA has no such plans.
AFTL files three proposed constitutional amendments
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