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Medical Malpractice Immunities: A Creative Angle

A legislator in Florida has proposed immunity for doctors who treat Florida Medicaid patients. Under this utterly warped plan, doctors would be given immunity as agents of the state which would cap their liability at $200,000 in Medicaid cases.

Tort reform advocates love the idea of immunities and heightened negligence standards. There is no question that this will do nothing for Medicaid. In fact, it kills their ability to find the culpable party and maintain its subrogation interests. But tort reform advocates just love immunities. Why? The more practice legislatures have changed fundamental negligence law, the easier the glove with fit next time around. Once immunities start getting added to the mix, we roll down the slippery slope of all sorts of other types of malpractice cases. Let’s add immunity for ER doctors or OB/GYNS.

Trying to hide this effort under the guise of protecting Medicaid is a genius political move, but it is intellectually dishonest.