The Three Strike Clause
or
Three Strikes and You're Out!
Voters in Florida approved a "three strikes" amendment to the state's constitution. Under its provisions, any physician in the Sunshine State who loses three Florida court malpractice judgments in suits would lose their license to practice medicine. This and other forms of tort reform in Florida and across the United States does not does stop high cost malpractice insurance and outrageous jury awards and settlement demands. These false types of tort reform increases the cost of health care for everyone.
The three strikes and you are out has change the legal environment in a way that has caused physicians to settle frivolous lawsuits just to avoid a 'strike' against them is bad precedent. It's bad for doctors and their patients. Costs are being driven up by claims that are not legitimate and that is a problem that has to be solved. The real effect has been it has increased the number of marginal lawsuits.
The scenario for attorneys bringing civil law suits against physicians is quite simple. They know that practicing physicians do not want even one strike much less three against them. Therefore, lawyers will file frivolous suits knowing that most physicians will be inclined to settle a case to avoid a "strike." The malpractice insurance carrier often finds it less costly to settle a claim than battle the suit in court. If the physician is a member of a group practice, the partners sometimes see a suit on one partner as a dark shadow over the entire practice. In the best case, physicians will have their hospital privileges reviewed if a court fines against them in a malpractice trial, in the worst case they will lose or have their privileges suspended with only a single malpractice suit even when there is little or no merit to the suit.
Specifically, the Constitution of the State of Florida specifically states:
ARTICLE X
SECTION 26. Prohibition of medical license after repeated medical malpractice.--
(a) No person who has been found to have committed three or more incidents of medical malpractice shall be licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor.
(b) For purposes of this section, the following terms have the following meanings:
(1) The phrase "medical malpractice" means both the failure to practice medicine in Florida with that level of care, skill, and treatment recognized in general law related to health care providers' licensure, and any similar wrongful act, neglect, or default in other states or countries which, if committed in Florida, would have been considered medical malpractice.
(2) The phrase "found to have committed" means that the malpractice has been found in a final judgment of a court of law, final administrative agency decision, or decision of binding arbitration.