Rep. Mike Horner talks with lobbyist William Large outside the House chamber. Photo Credit: Ana Goni-Lessan

The House on Thursday rolled to third reading a package of medical malpractice changes that limits lawsuits against doctors and hospitals after a controversial debate that would have limited attorneys’ fees in personal injury protection was withdrawn.

The PIP amendment was being offered by Rep. Mike Horner, who also is the primary sponsor of the medical malpractice bill, HB 479. Horner said on Friday that he believed the “policy is good policy,” but he said that Rep. Richard Corcoran, R-New Port Richey, advised him that “discretion would be the better part of valor.”

The amendment would have amended insurance statutes to make clear that contingency fee risk multipliers cannot be applied to any attorneys' fees awarded in cases against insurance companies. It was being pushed by State Farm, which a week earlier lost a priority bill to reform personal injury protection (PIP) and limit attorneys’ fees.

The Florida Medical Association has made HB 479 its top priority. The bill requires out of state and Canadian doctors to obtain an expert witness certificate before they can testify in a medical malpractice case. The certificates would be issued by the Department of Health and would allow the state to discipline doctors who provide deceptive or fraudulent expert witness testimony in a medical malpractice case.

The House soundly rejected an amendment that would have allowed recently retired doctors who don’t have an active license to give expert testimony concerning the standard of care. Reps. Paige Kreegel, R-Punta  Gorda, and Doc Renuart, Ponte Vedra  Beach, two doctor lawmakers, opposed the move. 

Rep. Kreegel said the entire point of having expert witness requirements was to ensure disciplinary action could be taken against doctors for their testimony. “If you don’t hold a license the domino effect doesn’t work,” said Kreegel.

The one amendment the House agreed to tag onto the bill gives the Department of Health 10 days to issue an expert witness certificate.

The House debated -- and rejected -- a series of amendments supported by the Florida Justice Association that would have altered the bills. No board votes were taken but they were overwhelmingly rejected by a voice vote.

One of the amendments would have changed the standard of proof in failing to order supplemental diagnostic tests to “clear and convincing” to the preponderance of the evidence.  The House also rejected an amendment that would have deleted from the bill lawsuit protections for doctors who volunteer their time.