Ethical Health Partnerships

Here is the letter I am sending to my representatives and committee members hearing this bill in the House, and later the Senate who will be reviewing the companion bill (SB 1558). Read about these bills and what different groups say about them, then make your own voice heard.

The Honorable John Doe
Florida House of Representatives
The Capitol, Suite ___
Tallahassee, FL 32399

Dear Representative Doe,

I urge you to vote against HB 733 (Apportionment of Damages) that is, or soon will be, before the ____________ Committee on which you serve.

What this bill seeks to do:
     HB 733 seeks to make any person or entity named in a personal injury lawsuit, required to pay the full amount of expenses and damages, no matter what level of their responsibility. It is a direct attempt to get around the Florida legislature's decision last year to abolish joint and several liability. In effect, if approved, it would create the same situation the legislature abolished, using a different part of the statutes.
     Technically the bill seeks to abolish the Fabre Doctrine. This law permits a defendant to demonstrate to the court that other parties not specifically named in the lawsuit to be included by the jury for the purpose of determining payment of damages by the defendant based on percentage of their responsibility. Without that ability, the legislature's abolishment of joint & several liability will be meaningless.

Why this bill needs to be defeated:
In addition to overturning the legislature's decision and intent for fairness in ending joint & several liability, HB 733 should be defeated because:

• it is unethical to treat named parties unjustly in the name of alleged justice for a plaintiff. Laws need to be about justice for all, not about money for a few.
• this bill effects physicians, businesses, groups and all citizens who may be named in a lawsuit.
• it is unfair to a person named in a lawsuit to be held fully responsible for the negligence or mistakes of others and to have to pay for their actions. If the person or entity is 10% responsible, he or she can be made to pay 100% of expenses and damages.
• it claims to reduce frivolous inclusion of other parties when the current law specifies the requirements to include a party not named in the current lawsuit and the need to prove fault of the nonparty in causing the injury.
• it is a way for attorneys to go after solvent or insurance covered parties (real or perceived ‘deep pockets’, even if only minimally associated with the action.
• it encourages shotgun lawsuits – naming everyone possible in the hopes of getting at least one person slightly responsible and gaining full payment by that person. That is joint & several liability under another name.
• it puts pressure on everyone associated with the case to settle regardless of their culpability or degree of culpability to avoid being stuck with full damages that are not their responsibility.

This constant battle between attorneys and physicians, attorneys and businesses (and ordinary citizens), between Democrats and Republicans makes clear why we need to stop wasting time, money, energy and other resources in power struggles and game playing. Instead we should all direct our passion for justice for all, our time and energy, our creativity, our vision, the best in us to create processes that would address injury in ways that are consistent, fair and just for all involved.

I urge you to vote NO to HB 733.

Respectfully,

Dawn Lipthrott

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