Connect with us

Politics

‘Free kill’ fix moves forward in Senate as survivors argue for medical malpractice reform

Published

on


Sen. Clay Yarborough’s proposal to fix a long-standing gap in state law that penalizes certain survivors of deaths at the hands of negligent doctors continues to move.

The Appropriations Committee on Health and Human Services is the latest panel to advance SB 734, which Yarborough calls a “clean repeal” of state statute — 768.21(8) — prohibiting adult children and their parents from collecting negligence and non-economic “pain and suffering” damages for medical malpractice.

Yarborough says the current state of play “singled out a narrow group of survivors who cannot recover non-economic damages in the case of a wrongful death due to medical negligence, even though the same damages can be recovered by survivors for a wrongful death that is caused by all other forms of negligence.”

Florida is the only state in the nation with the restriction on its books. Lawmakers passed it in 1990 when the state was trying to rein in increasing medical malpractice costs and attract more doctors to the state.

Yarborough stressed that most doctors do a good job.

“This is in no way a knock against the medical profession or anyone in it because Florida has some of the best health care providers and institutions in the country and beyond. I do not have a statistic to quote, but I will venture to say, we likely have a low single-digit percentage of those in Florida’s health care community that have issues with malpractice or negligence,” Yarborough said, framing his bill as being about “accountability” and “the value of life.”

More than two dozen speakers showed up with passionate cases for or against the legislation.

Opponents made the case that medical malpractice insurance has gotten more expensive and more difficult to procure in the last few years, so the pool of claimants should be expanded.

Tallahassee Memorial Hospital’s Judy Davis, a risk manager, said that “bad, unfortunate outcomes” do happen, but only 1 in 4 of them involve “some degree of negligence.”

“When physicians and hospitals have to pay large sums of money, it does reflect in higher insurance premiums,” Davis said.

Andy Bolin of the Florida Justice Civil Reform Institute said his clients “face the highest medical malpractice premiums” in the U.S. He argued that “infusing” new cases into the system would make that problem worse, and suggested that if the bill must go forward, damages need to be capped.

Associated Industries of Florida’s Adam Basford urged lawmakers to take a “holistic” view of the problem and “mitigate” the impact on providers.

The Florida Chamber’s Carolyn Johnson warned that the bill would increase litigation, insurance rates and health care costs, while decreasing access to care.

Proponents argued that survivors need the opportunity for compensation without caps.

Some told their personal stories of treatment deferred with horrible consequences and no recourse, while their advocates made the larger case for change.

AARP’s Karen Murillo said current law discriminates against older adults, arguing that people are being deprived of justice and rejecting the idea that this class of claimants should be held responsible for reducing liability for medical providers.

Ethan Perez described maltreatment for his grandfather that included injection with hydrogen peroxide, which an autopsy deemed to be “homicide,” but which was protected under current law.

“Civil lawsuits have an opportunity to reveal criminal wrongdoing,” Perez said, adding that his family is “being left without justice” due to the current “inhumane and barbaric” free kill law.

Lauren Korienko said her mother was found dead in a hospital bed, “covered with blood” after a minor surgery because medical professionals let her bleed to death over the course of 24 hours and succumb to septic shock. Her family was aghast to find they lacked recourse and protection under state law that makes Florida a “sanctuary for medical malpractice.”

Darcy McGill, another person who buried her mother after maltreatment, called Florida’s “free kill” law the state’s “dirty little secret.”

“I’ve yet to hear one good reason why my life is less valuable because I’m married and without children,” McGill said.

After the testimony, Senators diverged on whether the bill could work ahead of the bill moving forward.

Republican Sen. Gayle Harrell said the right move wasn’t this bill, but was to empower the Board of Medicine.

Republican Sen. Jason Brodeur said other states had these provisions without caps, so Florida should as well.

Democrat Sen. Darryl Rouson said the passage of the bill would be a “milestone moment” for people without recourse until now.

__

Jesse Scheckner of Florida Politics contributed to this report.


Post Views: 0



Source link

Continue Reading

Politics

Erika Donalds says she’d back a ‘parent-directed’ education system as First Lady

Published

on


Erika Donalds has long been a proponent of school choice and parental empowerment, and she hopes to see Florida move further in that direction now and under its next Governor — a job her husband, U.S. Rep. Byron Donalds, is well-positioned to take.

“My dream for Florida and actually for the whole nation is that every dollar that is spent on education is parent-directed, and I think we’re the closest state in the country doing that,” she told Florida Politics.

“I think we’re going to get closer every year between now and the next governorship, and hopefully the next Governor will continue that trajectory. But that’s where we need to end up to break the monopoly and give every single parent the ability to make the choice. Even if it’s a public school, even if they’re choosing a private school, they’re making that active decision. And that puts the ownership on the parents as well to decide what’s best for their children and not just the default option.”

Erika Donalds’ comments came Tuesday following an afternoon roundtable with U.S. Education Secretary Linda McMahon at the Kendall campus of True North Classical Academy, a charter school network in Miami-Dade County.

Other participants included, among others, Florida International University Interim President and former Lt. Gov. Jeantte Nuñez, Miami Dade College President Madeline Pumariega, Miami-Dade School Board member Monical Colucci, charter school magnate Fernando Zuleta and former state Rep. Michael Bileca, True North’s CEO.

Donalds, an education entrepreneur and former Collier County School Board member who in January took over as Chair of the Center for Education Opportunity, advised people to “be on the lookout” for guidance from the U.S. Department of Education (USDOE) on further empowering parents in the coming days.

“I support anything that puts the power in the hands of parents and even into the community itself,” she said.

McMahon, whom President Donald Trump has tasked with shuttering USDOE, said one of her goals for the agency before closing it is to “leave best practices in place to provide states with the right tools” to take over more education administration duties in its absence.

That includes backing more student vouchers and public, charter, private and alternative school options. McMahon said she and Trump are both “strong proponents” of school choice, but the federal government’s role in expanding it will be limited.

Both Byron and Erika Donalds are outspoken supporters of killing USDOE. The Congressman has cosponsored legislation to abolish the Department and provide funding directly to states for primary and secondary education. Erika Donalds’ X page features multiple posts calling for its dismantling.

In one such post, Donalds displayed an image stating that “7 in 10 American fourth graders are NOT proficient readers.” That assertion tracks with findings from the National Assessment Governing Board and the National Center for Education Statistics, the primary statistical agency of USDOE.

U.S. Rep. Donalds is the presumptive front-runner in the 2026 Republican Primary for Governor. Internal polling released this month shows that after learning Trump has endorsed him, Donalds held a nearly 2 to 1 lead over First Lady Casey DeSantis in a head-to-head race.

Other GOP notables rumored or confirmed to be mulling a gubernatorial bid include Agriculture Commissioner Wilton Simpson, Miami Mayor Francis Suarez, former U.S. Rep. Matt Gaetz and former Pensacola Mayor Ashton Hayward.


Post Views: 0



Source link

Continue Reading

Politics

Gov. DeSantis urges local governments to play ball with Florida DOGE audits

Published

on


Gov. Ron DeSantis is urging counties in Florida to follow Bay County’s lead and “step up and ask” for audits from the state-level DOGE his administration established.

Noting that his administration is “working with the Florida Legislature to get more prescriptive authority to be able to go in and conduct audits of these local governments so that taxpayers get the full picture of what’s going on,” he credits “counties that are willing to step up and ask for these audits” with “really leading by example.”

DeSantis has often said Florida “was DOGE before DOGE was cool.” Yet in the wake of the Elon Musk led Department of Governmental Efficiency taking root, the Governor rolled out a state-level task force via Executive Order 25-44 to “DOGE at the local level,” taking a look at “publicly available” budget records and auditing.

As he has previously, DeSantis painted a picture of local budgets larded by hikes in property taxes.

“We’ve seen property tax assessments go up across Florida at the local level,” he said. “Taxpayers are pinched, they’re paying more than they ever have. Even though we have homestead exemption, it hasn’t been enough to fully protect taxpayers. Shouldn’t you know how this money is being spent, especially in those counties that have seen dramatic increases in their state budgets?”

Higher taxes have “pinched” senior citizens whose home value may have appreciated over the years, he said.

“Now they’re being told it’s worth so much more and they have to pony up more and more money. It’s almost like they have to pay rent to the government just to be able to enjoy their property. and that’s wrong. and we need to do something about it.”

For now, the Governor wants cities and counties to work with his group on a “voluntary” basis.

“We really hope to be able to deliver some serious, serious audits working with the Florida legislature of what’s going on in these local governments. I thank Bay County for what they did and I know there’s going to be other counties that are going to step up to the plate,” DeSantis said.


Post Views: 0



Source link

Continue Reading

Politics

Obscene heckler doesn’t stop bill targeting ‘academic boycott’ of Israel from advancing in Senate

Published

on


The Senate Governmental Oversight and Accountability Committee was the first Senate panel to approve Sen. Tom Leek’s measure (SB 1678) which would defend Israel against its opponents in schools and non-governmental agencies.

That bill suggests anti-Israeli actions undertaken by “an educational institution, a nonprofit organization, an agency, a local governmental entity or unit thereof, or a foreign government” amount to an “academic boycott.”

It urges cessation of state contracts and grants with those entities on the wrong side of the ideological conflict if they don’t change their ways.

These entities would have 90 days to correct their noncompliance and be removed from what would be called the Scrutinized Companies or Other Entities that Boycott Israel List under this proposal. Otherwise, the state would divest itself of contracts with them.

Even before Leek could speak, a member of the crowd called the bill “f****** b*******.” She was immediately excused from the room.

A delete all amendment clarified that public funds, such as the State Board of Administration or State University System, cannot invest in these companies. Additionally, it requires that Arts and Culture grants not go to support antisemitic work.

The bill would also target agreements, like foreign exchange programs, with foreign universities deemed to be supporting antisemitism.

Members of the public complained about the legislation, saying it restricted “academic freedom” and offered support to an Israeli regime they find objectionable.

However, others said the bill was necessary.

Miami Beach City Commissioner David Suarez noted the Boycott Divestment and Sanction movement was targeting cities like his, and the legislation was a way to counter “hateful campaigns from a noisy minority.”

Chair Randy Fine hailed Leek for carrying the bill, saying he’d worried about leaving Tallahassee and having no one carry this kind of legislation,

Leek’s bill has two more committee references.

Rep. Hillary Cassel’s bill (HB 1519) the companion legislation, also has two stops in the House. But it has yet to have a committee hearing.


Post Views: 0



Source link

Continue Reading

Trending

Copyright © Miami Select.