Florida Personal Injury Attorney Blog

Were you aware that pursuant to Florida law doctors are allowed to treat patients in our state without any insurance coverage? Not only are they allowed to do so but they have been allowed to go without malpractice coverage for decades. As a result, the following percentage of doctors opt out of medical malpractice coverage:

• 1/4 of the doctors in Broward and Palm Beach Counties;
• 1/3 of the doctors in Miami; and
• 1/8 of the doctors statewide.

Florida law states that doctors can go uninsured if they post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. Their penalty for not paying pursuant to statute is revocation of their medical license.

Ultimately, the victim’s desire is twofold; to ensure that what happened to them doesn’t happen to someone else in the future and to be compensated for the severe injuries that they have sustained at the hands of a doctor who rendered care that substantially deviated from the professional standards. Although revocation of the at fault doctor’s license is a remedy that is warranted in some instances; the amount of compensation mandated by the Florida legislature doesn’t begin to cover the damages of a catastrophic injury caused by medical malpractice.

This practice has left patients with valid malpractice claims unable to retain counsel to represent them in claims against these uninsured doctors and obtain financial compensation for their injuries. As a result, malpractice victims are less likely to sue doctors who don't carry insurance and are paying the highest price of all…loss of their health, loss of their ability to earn a living, loss of their quality of life…all due to the malpractice of a doctor who is uninsured.

It’s amazing to believe, but despite the fact that medical doctors are allowed to practice without insurance coverage, Florida does require the following medical professions to obtain malpractice insurance: chiropractors, podiatrists, midwives, some nurses, acupuncturists and optometrists. Where is the logic in this?

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: INSURANCE COVERAGE , MEDICAL MALPRACTICE

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In a misguided attempt to find other sources of revenue, cities throughout South Florida are actually considering charging a fee to those citizens who are involved in auto accidents within their city limits. This month, the town of Davie will likely vote whether to bill non-residents who are involved in automobile accidents in their city.

The Florida Sun Sentinel reports that Davie is defending the fee as “a way of recouping tax dollars that are spent on non-residents”, town spokesman Braulio Rosa said. Davie is considering an average charge of $840.00. Miramar, Plantation and Southwest Ranches are still undecided as to what to charge, if anything, and under what circumstances.

There are those that are worried that this will start a fee war between the cities. The city of Weston has already threatened to respond by passing a similar ordinance if their residents are charged. The American Civil Liberties Union may challenge these ordinances on constitutional grounds. Brandon Herslan, a spokesman for the ACLU of Florida, stated that by singling out non-residents, proposals being considered in Davie and Miramar “raise questions about equal and fair treatment of citizens” and could spur lawsuits.

The cities are responding by saying they will bill the driver’s insurance companies. Michael Connolly, a spokesman for State Farm Insurance, the state’s largest private insurer, responded by saying automobile insurance premiums will rise.

This issue represents a microcosm of the problems that have been caused by the cuts in our state’s budget. These cuts have left local governments in a desperate search to make up the lost funds that they were once receiving from the state. Compounding this problem is the decrease in the local tax base caused by the pop of the real estate bubble and the significant increase in foreclosures.

However, by creating these quasi tax schemes, the citizens of all cities are the ones that are harmed. With the state and national economy causing widespread problems for everyone, it is time for the cities to slash even more fat out of their budgets.

Cities should retain independent companies to analyze their budgets and recommend reasonable cuts that will force the cities to operate more efficiently. Disparate tax schemes, like the one discussed in this article, are not the answer and may in fact be unconstitutional depending on how they are framed.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , INSURANCE COVERAGE

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Within the past few weeks the police in the Fort Lauderale area have been investigating two instances of pedestrians being injured in vehicular accidents. In the first instance, law enforcement is attempting to locate a car that a surveillance camera caught hitting a pedestrian, Marshall Clinton, 51,and then driving away. The crash happened about 11 p.m. Friday, May 23, 2008 as Mr. Chilton crossed the street. Marshall Chilton, 51, was admitted in the hospital with broken bones and is expected to recover.

In a second incident in Fort Lauderdale, a man is accused of killing a woman, Ms.Kathleen Gosnell, 60, and injuring Mr. Raymond Haruben, 63, after striking them with his vehicle on Thursday, May 22, 2008. Toxicology reports confirmed that he was Driving Under the Influence of Alcohol (DUI). Steven Kopson, 53, of Fort Lauderdale, was charged with manslaughter while driving under the influence of alcohol, among several charges.

Both these incidents raise the question, "If I am a pedestrian in an accident who was struck by a hit and run driver- who will pay for the treatment and pain and suffering I have sustained through no fault of my own?" The answer is that even though you are a pedestrian, your own PIP and UIM insurance will ensure that you are fully protected and covered for your injuries even though you weren't driving your vehicle at the time.

The importance of PIP coverage and UIM coverage on your automobile policies is especially important when you are a pedestrian and you you are struck by a hit and run driver. It is in that instance that your own insurance coverage is there to protect you. Your PIP Insurance or Personal Injury Protection Insurance will cover the first $10,000.00 of your medical bills and your UIM Insurance will afford you coverage for everything over and above the first $10,000.00 up to the limits you choose.

What if your injuries are serious and you need treatment well over and above $10,000.00 and what about pain and suffering, wrongful death and lost or diminished capacity to earn a living? UIM coverage is the only coverage that will protect you if the party at fault in an accident either is unknown, has no Bodily Injury coverage (which is not required in the State of Florida) or has a minimal amount of Bodily Insurance Coverage. In effect you can seek compensation for your injuries and damages from your own insurance company should any of these circumstances occur, but only if you have UIM Insurance coverage.

If you would like to read further about this issue, we have addressed the Florida UIM and PIP Insurance issue in a previous article on our blog entitled: "Florida No-Fault, Med Pay and UIM Insurance" dated May 12, 2008. It is our hope that all Florida drivers will contact their insurance agents and demand a quote for UIM coverage on their policies. That way, should the unfortunate happen and you are injured in an accident caused by an uninsured driver or underinsured driver, you won't have to worry about your financial future being decimated by medical bills.

If you have any questions about these issues please feel free to call our offices. We want every Florida driver to be aware and informed about their right to protect themselves through proper and FULL automobile insurance coverage.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , DUI DRIVER , HIT AND RUN DRIVER , INSURANCE COVERAGE , PEDESTRIAN ACCIDENTS

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Since 1972, Florida has been a “no-fault” state with regard to automobile accidents. That simply means irregardless of who causes an automobile accident, each party must submit the first 10,000.00 of their medical bills to their own insurance company for payment. (This is known as P.I.P.) The P.I.P. law (Personal Injury Protection) requires your insurance company to pay 80% of your medical bills up to the $10,000.00 limit.

This vitally important law provides a number of other benefits to Florida citizens who are involved in auto accidents, namely a $5,000.00 death benefit and a lost wage benefit. For those drivers who do not have health insurance, P.I.P. provides the only avenue to have one’s medial bills paid. (Medical debt is one of the leading causes of personal bankruptcy in the United States.)

What does this mean for you and what should you do? First, please call your auto insurance agent immediately to discuss the alternatives to P.I.P. Specifically, obtain a quote for “medical payments” coverage, which is separate and apart from P.I.P. Even if you have health insurance, consider the inconvenience associated with obtaining referrals to specialists and other red tape. Medical Payments coverage will allow you to choose any doctor you wish without the need for a referral. This becomes especially important when one requires treatment with a medical specialist.

Another potential problem that you may encounter in Florida is being struck and injured by an uninsured driver. There are far too many drivers on Florida roads without insurance. This creates a danger for all of us who incur medical bills for accident related injuries. However, there is a very simple solution to this problem. It’s called U.M. Insurance. Uninsured Motorists (U.M.) Coverage is perhaps the most important type of auto insurance you can have in Florida. In the event that you are struck and injured by someone without auto insurance, U.M. Insurance allows you to turn to your own insurance carrier and force them to “stand in the shoes” of the uninsured driver.

U.M. Insurance requires your own insurance carrier to compensate you for all of the damages that you would have been entitled to receive from the uninsured driver. Unfortunately, many insurance agents do not explain this essential layer of coverage properly and often advise their clients to reject U.M. insurance in writing.

Finally, it is extremely important to protect yourself and your family should they be injured in an accident. The purchase of “medical payments” coverage and “Uninsured Motorist” coverage will provide that protection.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: INSURANCE COVERAGE

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