by Davis & GoldmanFlorida’s Tort Reform Law Already Impacting Healthcare Providers
Six months after Florida’s Tort Reform Law went into effect, it has not enticed insurers back to Florida or lowered premiums the way legislators said it would. Insurers (most recently Farmers) continue to leave the state, leaving Floridians with higher insurance bills and fewer options. With more storms reaching Florida this hurricane season, it is even less likely insurers will return or reduce premiums.
The only impact the law seems to have so far is to make it easier and more likely for insurance companies to deny legitimate insurance claims and reduce Floridians’ legal rights to sue their insurance companies when the insurance companies fail to pay valid claims. The new law provides insurers with more ways to unreasonably attack their policyholders, as well as the contractors and the doctors who provide services to policyholders and who await payment from the policyholders’ insurance benefits.
The law overturned 100 years of Florida legal precedent that for a century helped to level the playing field between Floridians and insurance companies. Under the new law, policyholders may no longer recover the reasonable cost of their attorneys’ fees when they win a lawsuit against their insurance company, decreasing the policyholders’ incentive and ability to pursue their rights to recover what they are entitled to under their policies. This change in the law also increased the incentives for insurance companies to deny or underpay claims, because they know their policyholders cannot do much about it since they cannot afford to sue their insurance companies and pay for their own attorney’s fees, even when they win. Attorneys will not help policyholders sue their insurance companies when the attorneys know there is no way to be paid, even if they win. Additionally, the law changes the negligence standard by letting defendants who are responsible for injuring a victim completely off the hook, releasing the defendants from all liability, if they are not at least 51% responsible for a loss.
These significant legal changes are negatively impacting Florida’s healthcare industry, causing some healthcare providers to decrease or avoid treating accident victims in Florida. The new law drastically tips the scales in favor of insurance companies, reducing the ability for healthcare providers – especially those who treat personal injury victims – to receive payment from insurance companies. It also has the effect of waiving the accident victims’ constitutional rights to privacy, including the oldest privacy right recognized by law, the attorney-client privilege. The result is that healthcare providers across the state are debating whether they want to treat accident victims – decreasing Floridians’ access to vital healthcare services, often at their most vulnerable times.
Florida healthcare providers need to be aware of the new law’s impact on their ability to receive payment from insurance companies, on the waiver of their confidentiality protections and privacy rights, their patients’ loss of attorney-client privilege when an attorney recommends a healthcare provider to an accident victim, and what legal recourse may still be available. Davis Goldman has extensive experience in healthcare litigation and has navigated these types of disputes from inception through trial and post-judgment proceedings. Attorneys at Davis Goldman are happy to help walk healthcare providers through all the effects of this significant change in Florida law.
by Davis & GoldmanJason Goldman Recognized in 30th Edition of ‘The Best Lawyers in America’
Davis Goldman Co-Managing Partner Jason Goldman is recognized as a ‘Best Lawyer’ in the 30th Edition of ‘The Best Lawyers in America’!
by Davis & GoldmanHow Medical Office Building Tenants, Landlords Can Work Together to Optimize Lease Terms
High demand for medical office buildings gives landlords and owners of these spaces opportunities to optimize lease terms and implement cost-saving initiatives by amortizing capital investments back to them, according to a new report by Colliers.
Davis Goldman Co-Managing Partner Jason Goldman tells GlobeSt.com that “Tenant improvement allowances, especially when converting non-medical office space for a new medical tenant, should be considered carefully in relation to the length of a lease and whether the tenant is guaranteeing performance and repayment of the allowance in the event of a default or early termination of the lease.”
by Davis & GoldmanJason Goldman Recognized at Turnaround Atlas Awards in NYC
Davis Goldman Co-Managing Partner Jason Goldman attended the Global M&A Network, LLC’s 15th Annual Turnaround Atlas Awards in New York City where he was recognized with the “Healthcare Restructuring of the Year” award.
The Turnaround Atlas Awards honor the best value-creating transactions, outstanding firms, professionals and leaders from the global restructuring, insolvency, and distressed investing communities.
by Davis & GoldmanAaron Davis Recognized in 2023 Edition of Super Lawyers
Davis Goldman Co-Managing Partner Aaron Davis is recognized in the 2023 edition of Super Lawyers, part of Thomson Reuters, for Personal Injury Law.
by Davis & GoldmanHaley George Joins the Firm’s Miami Office as a Summer Associate
Davis Goldman is pleased to announce that Haley George has joined the firm’s Miami office as a Summer Associate.
In the fall, Ms. George will begin her third year of law school at the S. J. Quinney College of Law at the University of Utah where she is involved in the Animal Legal Defense Fund and the Women’s Law Caucus.
During her 1L summer, Ms. George worked with Holland and Hart’s environmental and oil and gas groups conducting research, completing memos, and assisting attorneys in Salt Lake City, Utah. Ms. George attended Miami of Ohio for her undergraduate degree where she majored in Political Science and English Literature and minored in Human Capital Management and Leadership.
by Davis & GoldmanJason Goldman Recognized with Global M&A Network’s “Healthcare Restructuring of the Year” Award
Global M&A Network, LLC recognizes Davis Goldman Co-Managing Partner Jason Goldman with the “Healthcare Restructuring of the Year” award as part of their 15th Annual Turnaround Atlas Awards.
The Turnaround Atlas Awards honor the best value-creating transactions, outstanding firms, professionals and leaders from the global restructuring, insolvency, and distressed investing communities.
by Davis & GoldmanFlorida Legal Awards ‘On The Rise’ 2023 Honorees
As part of receiving the 2023 ‘On the Rise’ award, Davis Goldman Co-Managing Partners Aaron Davis and Jason Goldman share their proudest career moments, what drew them to a career in law, and more with the Daily Business Review.
https://www.law.com/dailybusinessreview/2023/06/08/florida-legal-awards-on-the-rise-2023-honorees/
by Davis & GoldmanLee Paris Appointed as Mentorship Chair of Emory Miami Legal Network
Davis Goldman Associate Lee Paris was recently appointed as Mentorship Chair of Emory Miami Legal Network, where he assists Emory alumni transition from law school to their careers.
Emory Miami Legal Network connects Emory University alumni who live, work, or play in Miami-Dade County and are involved in the legal field to help build an engaging community.
by Davis & GoldmanDelivery drivers in danger: attorney calls for increased safety measures following recent attacks
Being a delivery driver is among the ten most dangerous jobs in the nation, according to a study by AdvisorSmith.
In a recent interview with WMNF 88.5 FM’s Chris Young, Davis Goldman Co-Managing Partner Aaron Davis says “There is a complete failure in the industry now to protect these drivers.”
“I think there needs to be more corporate accountability, training, and supervision, and that’s the bottom line. I think companies need to put in place policies so that they know to train their drivers and their employees to protect themselves, to be weary of certain neighborhoods, to encourage surveillance technology,” Aaron says.