Should anyone be answerable if a physician without malpractice insurance hits the road and fails to pay a large malpractice verdict? That's the question now facing Florida's Supreme Court.
A 2004 ruling by the 4th District Court of Appeal in West Palm Beach found that a Broward County circuit judge was wrong to order Plantation General Hospital to pay a $250,000 judgment even though one of its AWOL docs flew the coup when faced with a $859,000 med-mal ruling. "Hospitals have to bear some responsibility when the doctors they invite on their property are financially irresponsible," said Kenneth Sobel, a Fort Lauderdale attorney.
Florida physicians do not have to carry malpractice insurance. However, they must, by law, demonstrate an ability to pay at least $100,000 per claim and at least $300,000 in total annual claims.
A hospital rep contends, "Hospitals have no way of knowing when a physician might become bankrupt or might have financial responsibility at any given moment in time." We'll keep an eye on this one. Read [Palm Beach Post]
I predict the Florida Supreme Court will uphold the
Court of
Appeal's ruling that the District Court was wrong.
The key issue is whether the physician acted as an agent of the hospital.
The law maxim is "Qui facit per alium facit per se," translated as "Who acts through another acts himself."
The hospital will be found not to have acted through the physician.
Just the common law rule of "tough."
Posted by: j hubbard MD | March 06, 2006 at 03:42 PM