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Worker's Compensation, he would be required to pay $1.4 million in damages for lost wages, in addition to being liable for punitive damages and medical expenses. For the above reasons, even small practices should seriously consider obtaining commercially funded Workers' Compensation insurance. Although the cost may be significant, it may be mitigated by the adoption of a drug-free workplace program, and recent revisions to the Workers' Compensation law have significantly reduced the annual increases in such fees. More importantly, however, such policies can protect the physician's practice from astronomical liability which would make most malpractice judgments pale in comparison. This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: August 2016 DECEASED PHYSICIANS The executor, administrator, personal representative or survivor of the deceased physician must retain medical records for at least two years from the physician's death. Section 456.057, Florida Statutes; Rule 64B8-10.001, Florida Administrative Code. Within one month of the physician's death, such a person must publish, in the newspaper of greatest general circulation in the county where the physician resided, a notice indicating to the deceased physician's patients that their medical records are available from a specific person at a specific location. Rule 64B8-10.001(2), Florida Administrative Code. A copy of this notice shall also be submitted to the Board of Medicine within one (1) month from the date of death of the physician. After 22 months from the date of the physician's death, such person must publish once during each week for four consecutive weeks in the newspaper with the largest general circulation in the county where the physician resided a notice indicating to the patients of the deceased physician that the patient's medical records will be disposed of or destroyed one month from the last day of the fourth week of publishing the notice. Rule 64B8-10.001(3), Florida Administrative Code. It is important to note that the physician must take proactive measures to ensure that their executor, administrator, personal representative or survivor have access to both paper and electronic medical records – this includes passwords for medical records maintained in an electronic format.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: August 2016 Disclosure of Medical Malpractice Liability Coverage Florida law requires a physician to disclose to a plaintiff/claimant, upon written request, the name of each of the physician’s insurers as well as the amount of coverage each insurer provides. The physician is also required to forward such request to all affected insurers. See § 627.4137, Fla. Stat. This requirement works in tandem with the insurer’s legal obligation to provide certain information to the plaintiff/claimant. An insurer who provides liability insurance coverage is required, upon written request by the claimant, to provide under oath: the name of the insurer; the name of each insured; the limits of the liability coverage; a statement of any policy or coverage defense which the insurer reasonably believes is available to the insurer at the time of filing such statement; and, a copy of the policy. The insurer must provide this information within 30 days of the claimant’s written request. Physicians should be mindful of whether his or her insurer has provided the documentation to the plaintiff/claimant. If the insurer fails to provide the above documentation, upon request of the plaintiff/claimant, it can cause complications when the case is ultimately resolved. Specifically, courts have overturned settlements where the insurer has failed to provide the above documentation to the plaintiff/claimant. Courts take the above obligation seriously and have recognized the importance of this information to a plaintiff/claimant in a suit against the insurer.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: December 2009 DISEASE REPORTING REQUIREMENTS Florida Administrative Code (FAC) Rule Chapter 64D-3 contains the Department of Health rules concerning control of communicable diseases and conditions that may significantly affect public health. Rule 64D-3.029, FAC, provides that a number of human diseases and conditions are required to be reported to the local county health department. The Department of Health has listed the diseases and conditions as set forth in the rule as dangerous to the public health and requires that they be reported to the local county health department within the time frame outlined in the Table of Notifiable Diseases or Conditions in Rule 64D-3.029, FAC. Rule 64D-3.030, FAC, provides the reporting requirements for physicians for all the diseases or conditions listed in the Table of Notifiable Diseases or Conditions in Rule 64D-3.029, FAC. Any physician who diagnoses, treats, or suspects a case, or who suspects an occurrence of a disease or condition listed in the table must report, or cause to be reported, the diagnoses or suspicions according to the procedures set forth in the rule. Any report of a notifiable disease or condition, except for cancer and HIV/AIDS must be reported on the Florida Department of Health Disease Report Form (DH Form 2136, 3/06). The form must include the patient’s name, address, telephone number, date of birth, ethnicity, social security number, sex, date of onset of each case and the diagnosis. It is important to note that each physician who makes a diagnosis of or treats a notifiable disease or condition must make their patient medical records for the diagnosis or condition available for on-site inspection by the Department or its authorized representatives. All cases of HIV or AIDS must be reported on the Adult HIV/AIDS Confidential Case Report, CDC 50.42A Rev. 01/2003. All cases of HIV exposed newborns must be reported on the Pediatric Confidential Case Report, CDC 50.42B Rev. 01/2003. The forms are available from the county health departments or from the Department of Health. This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: October 2005 Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of binding arbitration. ARTICLE 2: All Claims Must Be Arbitrated It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or services provided by the provider of medical services, including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence
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