Doctors Without Malpractice Insurance in South Florida

According to a July 2008 story discussed in several news articles, South Florida leads the nation in terms of doctors who do not hold medical malpractice insurance.

Florida law allows physicians to practice without malpractice insurance coverage. Uninsured physicians are required post signs in their offices promising to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. If a doctor does not pay, than Florida can revoke the physician’s license.

One-fourth of Broward/Palm Beach County physicians, one-third of Miami physicians and one-eighth of physicians in Florida do not have malpractice insurance. While the doctors who opt out of coverage cite high premium costs, the law leaves 5,200 doctors, 3,400 of them practicing in South Florida alone, without malpractice insurance.

Florida has allowed doctors to practice without coverage for decades. Critics claim the law provides doctors with a means to avoid paying a malpractice lawsuit award. Uninsured physicians shield their personal assets such as homes, life insurance policies, retirement accounts and annuities. Should they be sued, they can file for personal bankruptcy, leaving an injured patient or family with a verdict upon which they will be unable to collect.

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