What is Florida's 3 strikes malpractice law? Here's how dangerous doctors evade it - Palm Beach Post
In Florida, voters in 2004 passed a law that is supposed to prevent dangerous doctors from practicing medicine. It's known as the three strikes malpractice law and requires that doctors with three findings of malpractice lose their license.
Sounds pretty simple, right?
But then the Florida legislature in 2005 got involved and made it nearly impossible for the board of medicine to levy a strike.
The law says a strike happens after a judgment of malpractice by the court in a lawsuit or a finding by the board of medicine or an arbitrator. But even after those things happen, the medical board has to go on to use a strict standard to decide whether it's a strike.
If the doctor settles a malpractice case or a disciplinary complaint, which doctors often do, there's no finding of malpractice.
Dr. Berto Lopez was named in nine malpractice lawsuits and four cases of discipline by the medical board. All but one of these were all settled without a malpractice finding. The fourth one resulted in him losing his license in February. The Palm Beach Post scoured records and found 14 instances of deaths or catastrophic injuries to mothers or infants during his 33-year career.
The medical board never levied a strike against him.
Whether, or how many times the law has led to the revocation of a physician's license remains unclear. The Department of Health does not track how many doctors licenses have been revoked in this way.
source: https://www.palmbeachpost.com/story/news/local/2021/09/23/medical-malpractice-florida-3-strikes-law-doctors-explained/8323166002/
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