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Monday, November 15, 2004

FL judge blocks amendment setting "three-strikes" malpractice limit for doctors
Matt Lubniewski at 1:03 PM ET

[JURIST] A Florida state judge issued an injunction Monday preventing a newly-approved constitutional amendment from coming into effect. Amendment 8, approved this month by 70 percent of voters, would cancel the license of any doctor who commits three acts of medical malpractice. The Florida Hospital Association sued to block the amendment until aspects of it can be clarified, and was granted their injunction by Leon County Florida Circuit Judge Janet E. Ferris. Among the key concerns is whether the law would apply retroactively to doctors who have already been found liable for malpractice. The temporary injunction is set to expire at the end of the current legislative session in the spring. The amendment was supported by the Florida Academy of Trial Lawyers, who argued that the amendment was self-implementing, and not in need of clarification. AP has more. The Florida News-Press has background on the lawsuit.






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