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Summary
Florida physicians sought tort reform to address malpractice issues. Despite a large voter petition, a proposed constitutional amendment was removed from the ballot by the Florida Supreme Court.
Area of Science:
- Medical Law
- Public Health Policy
- Healthcare Administration
Background:
- The Florida Medical Association (FMA) has actively pursued tort reform over the past decade to mitigate the medical malpractice problem.
- Previous legislative efforts by the FMA faced challenges, with successes being declared unconstitutional or disregarded by the judiciary.
Purpose of the Study:
- To document the FMA's strategic attempts to enact tort reform through legislative and constitutional means.
- To highlight the implications of the ongoing medical malpractice issue in Florida.
Main Methods:
- Organizing a constitutional initiative campaign, REASON '84, in 1984.
- Gathering a record 630,000 signatures from registered Florida voters to place a constitutional amendment on the general election ballot.
Main Results:
- The FMA's constitutional amendment (Amendment 9) was successfully placed on the 1984 Florida General Election ballot due to extensive public support.
- The Florida Supreme Court intervened in October 1984, removing Amendment 9 from the ballot, thereby halting the direct-to-voter reform effort.
Conclusions:
- The FMA's direct constitutional initiative faced judicial obstruction despite significant public backing.
- The persistent malpractice problem and its implications necessitated continued advocacy for reform measures.