Friday, November 26, 2004

Doctors Targeted by Three-Strikes Law

As I recall, Florida voters back in the 2000 election amended the state constitution to establish rights for pigs. Yep, pigs have rights. As such, it should come as no surprise that this year's election also amended the constitution in a novel way. Voters approved a constitutional medical malpractice three-strikes amendment where doctors' licenses would be automatically revoked at the imposition of three malpractice judgments.

Just on the surface, this seems like a bad idea for several reasons. First of all, malpractice in many cases is subjective and often presumes perfect knowledge on the part of the practitioner. Second, the trials are frequently cavalcades of teary victims pitted against wealthy uncaring doctors with the primary purpose of enriching the trial lawyers. Three, the juries use a preponderance of evidence as the basis for judgment and juries are malleable. Four, an environment has been codified to make Florida an especially unattractive place to practice medicine thereby inhibiting new doctors from locating in the state and encouraging current physicians to find friendlier turf. Seldom do communities desire fewer doctors.

Of course, I'm just an average citizen with no special knowledge who is probably looking at this all wrong. And, I'm obviously flustered from being unable to come to grips with the fact that this country can't control the borders, can't solve the epidemic of pedophiles running loose, among other problems, but we can tie the hands of medical professionals and give constitutional rights to pigs.

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