Physicians Lose Due Process Rights

In the aftermath of the malpractice statutory reforms of 2003, many physicians have found malpractice insurance more available and affordable. However the costs of these changes to the physician is much greater than what was anticipated--the loss of privacy for malpractice claims settled, dismissed or resolved in the physician's favor. Normally, only settlements or judgments in excess of $100,000 must be reported on the internet under the physician's profile. However, a new provision in the Medical Malpractice law (Section 627.912) requires that (1) insurance companies must report detailed information to the State Department of Financial Services involving any claim filed where there was any settlement, judgment in favor of the plaintiff or a disposition where no payments are paid to the plaintiff, (2) the Department is directed to file the information electronically with the Board of Medicine and (3) the Department is directed to make available on the internet "statistical summaries of the closed claims reports".

Unfortunately, the Department has mistakenly published on the internet, much of the detailed report they must provide to the Board of Medicine, including the diagnosis, the alleged malpractice, the court case file, etc. even when there was no settlement or judgment in favor of the plaintiff (see claim Department File Number: M200535618 as an example of the extensive information which is available on-line, sufficient information to ascertain the patient's name, medical diagnosis and nature of injury). This publication of a person's medical condition on the internet would likely violate a few privacy statutes (both Federal and State).

Further, any information the department publishes on malpractice claims where the physician is fully successful, is a clear violation of the physician's constitutional right of due process. Also, the information they do publish with respect to any judgment or settlement in favor of a plaintiff is clearly beyond "statistical summaries". Unless I am mistaken, "statistical summaries" would not include a particular physician's name, medical license, practice address, etc. The statute does not define "statistical" information as the statistics of a particular physician.

This is a clear abuse of the statutory authority (and inconsistent with their Disclaimer they publish at their website, www.fldfs.com). Also, it is a clear violation of a patient's constitutional right of privacy. Further, since the statute only applies to physicians who carry malpractice insurance, those who have gone "bare" do not have to experience the humiliation and loss of reputation caused by internet publication. This difference in treatment of insured and non-insured physicians raises a serious constitutional issue of equal protection under the law (might be another reason that a physician might want to go "bare").

We have contacted the Board of Medicine (who is statutorily responsible to disclose this information) and explained the problem to them. While they were unaware of the problem and sympathetic to our victimized physicians, they are unwilling to change their practices. For those physicians who might be victims of this internet disclosure program and who otherwise have blemish-free profiles, please us at 561-967-2772 (you may want to join our other clients who are planning to bring a class action suit to end these practices).

 

Twenty Greatest Blunders

in Asset Protection Planning

Many physicians have now completed what they had thought was a comprehensive asset protection plan. And while this planning has given them peace of mind, there are frequently major defects in the plan which go unexplored until the creditor/predator appears. In a recently conducted seminar we identify the twenty greatest blunders in asset protection planning and we offer multiple solutions to these mistakes. Topics we cover in this seminar include the following:

• Discussion of the defects in using a Professional Association
• How to protect the salary
• Inappropiate use of trusts in asset protection planning
• Avoiding the marshaling of assets problem
• Improper protection devices involving accounts receivables
• Impact of new Bankruptcy law on planning

To view a segment from this two hour seminar select:

 

The costs for this two hour seminar which is available on DVD, videotape and audioCD is $50.00 plus $6.00 shipping and handling. You can pay by check or by credit card by selecting the following:

DVD:	AudioCD:	Videotape:

Audio CDs of Seminars Now Available

Due to popular demand we now offer audio CDs. To order the seminars on audio CDs and to pay by check, simply send (with your check) a list of the seminars you desire. The cost for the audio CDs is the same as the DVDs and videotapes ($180.00 for complete set of five, $160.00 for 4 of 5 in set, $140.00 for 3 of 5 in set, or $50.00 per seminar plus $6.00/seminar for shipping and handling). If you want to purchase the audio CDs by credit card, please send us an e-mail listing the seminars you want on audio CDs (and we will respond with billing instructions). Thank you to the physicians who have suggested this new service.

Protecting the Homestead At All Costs

The most important asset a physician owns is their homestead property. And fortunately in Florida the homestead can be the most protected asset from creditors. However, in many cases mistakes are made that puts this debtor protected asset at risk (even when the physician receives expert legal advice). To learn how to protect the homestead and to avoid "The Five Greatest Blunders in Protecting the Homestead from Creditors", we now offer a new 2 hour seminar. Simply make your selection and view a video clip from this seminar. Or if you want to read the last newsletter devoted to these five blunders select: newsletter.

How Can a Physician Survive the Malpractice Crisis?

In the midst of the current medical malpractice insurance crisis in Florida, few alternatives are available to the practicing physician.  Does the physician pay the outrageous insurance premiums or do they go bare?  Or does the physician simply do what so many have done recently in Florida, retire from the practice of medicine or limit the nature of their practice?

Our company is focused on providing lawful means of protecting a physician's assets from creditors and to design and monitor their practice in a manner which will maintain the statutory, constitutional and common law protection arrangements and exemption available  to Florida residents.

The four step process we offer includes:

• Education of the physician and the physician's professional advisors on every appropriate protection arrangement;
• Preparation of a comprehensive preservation plan;
• Full implementation of the plan;
• Monitoring the plan for changes in the physician's professional, personal and financial life and changes in the law.

Once the preservation plan is in place, with our monitoring services, the physician can focus more on the noble practice of medicine and rest assured that the fruits of their labor will be protected.