Measure would replace the Med Mal Tort system.

"I like working on a big, hairy idea. Hopefully, that's what we can do today," Rep. Dennis Baxley, R-Ocala, chair of the House Judiciary Committee, observed at the start of the committee's

March 17 workshop.

The "hairy" idea in question was HB 739 by Rep. Jason Brodeur, R-Ocala, which would have medical malpractice injury and wrongful death claims handled by an administrative law system rather than the tort system.

"I believe strongly that the issue we are bringing here today will revolutionize the practice of medicine," Brodeur told the committee. "This is not tort reform; this is tort replacement."

Doctors and insurers, though, expressed skepticism about the proposal.

Brodeur said the current malpractice system costs too much in premiums for doctors, pays too little to "patients who suffer avoidable medical harm," and encourages the practice of defensive medicine, which wastes billions of dollars in resources.

HB 739 would set up an administrative system in which claims would be reviewed by administrative boards of doctors who are experts in the medical fields involved. The findings and awards of those boards could be appealed to administrative law judges and then to the First District Court of Appeal.

Baxley noted the meeting was only a workshop and that no vote would be taken, although the bill may be raised at a later committee meeting. A similar Senate bill, SB 1362 by Sen. Denise Grimsley, R-Sebring, has been referred to three committees.

Brodeur listed what he sees as deficiencies in the current medical malpractice tort system:

* Only 13 percent of premium dollars paid by doctors actually go to injured patients, with the rest going to insurance company overhead, litigation expenses, and to pay plaintiff and defense attorneys.

* Patients with legitimate but small claims can't get compensated because their damages aren't high enough to entice attorneys to underwrite the costs of taking their cases to trial. Brodeur said attorneys turn away 90 percent of potential clients who come to them for that reason and damages need to be around $250,000 or higher before it becomes worthwhile for an attorney to take a case.

* A survey by Patients for Fair Compensation, which is pushing the bill, showed that 88 percent of doctors surveyed said they practice defensive medicine and 69 percent said that defensive medicine harms patients. Brodeur said that defensive medicine costs the state $2.3 billion in its Medicaid budget and estimated Medicaid...