Nov 24, 8:50 PM (ET)

By DAVID ROYSE
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TALLAHASSEE, Fla. (AP) - Florida voters this month approved a
three-strikes law unlike any other state's - a measure aimed not at
killers and thieves but at doctors who foul up.

The newly approved amendment to the Florida Constitution would
automatically revoke the medical license of any doctor hit with three
malpractice judgments. The law is backed by doctors' foremost
antagonists - lawyers - and the ramifications could be huge.


Legal experts say the law could let loose a flood of malpractice
suits. Doctors say it will scare some physicians away from Florida
while forcing others to reach quick malpractice settlements to avoid
a "strike" against them.

"It has branded the state as probably the most unfriendly state for
physicians," said Robert Yelverton, a Tampa doctor.

The three-strikes law is just one salvo in a fierce battle between
doctors and trial lawyers that is playing out across the country and
in Congress. While several states have taken steps to limit
malpractice awards, the fight is especially intense in Florida, where
the cost of malpractice insurance is higher than in most states.

Doctors this year put their own malpractice measure on the ballot
that
limits how much of a malpractice award an attorney can take as a fee.
There are already such limits, but the amendment, which also passed,
further reduces the lawyer's percentage.

Doctors claim that with less chance for a big payday, lawyers will be
more selective about which cases they take and will perhaps avoid
frivolous ones.

Lance Block, a lawyer who makes his living mostly by representing
malpractice victims, said the doctors' campaign to limit attorney
fees was motivated purely by enmity.

"I don't think there's any question that the purpose of this
amendment is to drive lawyers away from medical-negligence cases,"
Block said.

Lester Brickman, a professor of legal ethics at the Cardozo School of
Law of Yeshiva University in New York, said the lawyers "trumped the
doctors" with the three-strikes amendment, because lawyers will rush
to sue in hopes doctors will settle to avoid a "strike" on their
record.

"You'll see hundreds of these claims," Brickman said. "In the next 10
years virtually every doctor in the state of Florida will have been
sued."

The three-strikes law has yet to take effect. It was put on hold by a
judge who said the Legislature needs to spell out just how it will
work.

The number of doctors who would have their licenses revoked by the
three-strikes rule is extremely small, perhaps a dozen or so at the
most, experts say. Florida has just under 30,000 active doctors.

Yelverton is among the physicians caught in the middle of the fight.

Like thousands of other Florida doctors, he has never gotten in
trouble for making a mistake. He has delivered more than 10,000
babies in his 33-year career - enough, he notes, to make a "whole
little town."

But the 63-year-old increasingly feels it was just not worth it to be
a doctor in this state, and he now works in the front office of his
practice to develop procedures to reduce the risk of medical
mistakes.

One reason he stopped seeing patients and delivering babies was the
increase of the cost of his malpractice insurance, and the feeling
that at any time he could lose a bundle in a lawsuit, whether it had
merit or not.

"The hardest thing about giving up a very successful practice of 33
years is that your patients have come to rely on you for what they
consider quality medicine and they have to find someone else,"
Yelverton said. "And it's one less experienced doctor."

Jay Wolfson, a professor of health law at the University of South
Florida College of Public Health, has watched with frustration the
back and forth between doctors and lawyers. He said the ultimate
result is that patients become mere pawns.

Wolfson said the three-strikes amendment is like many other efforts
to "fix" the medical malpractice situation: "It doesn't do a darn
thing to protect patients from the very small number of bad doctors."




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