Lawyers sidestep a voter-approved constitutional malpractice cap. Doctors are asking patients to sign a form waiving their rights to collect anything more than $250,000 in a medical malpractice lawsuit:
“We cannot allow trial lawyers to circumvent the will of the people through their legal maneuvering,” said Patrick Hutton, president of the Florida Medical Association and an orthopedic surgeon from the Jacksonville area.
Hutton and other FMA officials were quick to stress that the waiver won’t be required in emergency cases. But they didn’t rule out the possibility that some doctors may refuse to treat patients who don’t want to sign the form.
