ST. PETERSBURG, Fla. — Last week, the I-Team reported how Florida’s low malpractice insurance minimum requirements haven’t changed since 1989, preventing patients injured by doctors from getting compensation to pay for their care.
We’re now hearing from a lawmaker who saw our story and is hoping to change the law to protect future patients.
The I-Team shared Cindy Shepherd’s story last week.
“Everything feels raw. My skin almost feels like it's on fire,” Cindy Shepherd said, describing her right hand.
Her hand is wrapped in a compression bandage and supported by a brace following her most recent surgery.
Shepherd’s job requires her to make charts, graphs and PowerPoint presentations daily.
But her life changed forever after she said her doctor removed the wrong bone in an operation.
The result was pain, four additional surgeries and limited use of her right hand.
Surgeon had required minimum required coverage
“My hand, the scars on it tell a horrific story,” Shepherd said.
Her surgeon only had the minimum amount of medical malpractice insurance required in Florida, which is $250,000.
That didn’t even cover all her medical bills, much less her anticipated future expenses related to the injury.
“When a doctor makes a life changing mistake or, God forbid, kills someone... $250,000 does not begin to cover the expenses that come with a lifetime of doctors,” Shepherd said.
That $250,000 minimum was approved in 1989, when Florida's median household income was $26,090.
The average new car then cost $12,000 and Florida’s median home price was under $98,000.
The price of doing business
The I-Team contacted multiple lawmakers and received a response from Sen. Darryl Rouson, who represents portions of Hillsborough and Pinellas Counties.
“It's not right that it has remained at that level for more than 30 years,” Rouson said.
He said he’s sponsoring a bill in the next legislative session to address the problem.
Rouson said that the bill would mandate higher minimum coverage levels and have built-in cost-of-living adjustments, so the amount of coverage would keep up with inflation.
The Consumer Price Index shows that the average cost of physicians’ services has risen 430 percent since the current level was adopted, meaning $250,000 in 1989 would equate to $1,075,000 today.
“It is something that we can legitimately command and control, and we should be doing it to the benefit of the consumer,” Rouson said.
Malpractice insurance rates among the highest in the U.S.
But Rouson expects pushback from the Florida Medical Association and the insurance industry, since Florida ranks either #1 or #2 nationwide in the average cost of malpractice insurance coverage for every medical specialty.
A 2024 report from the Florida Department of Insurance Regulation shows a Florida orthopedic surgeon pays an average of $67,000 for $250,000 in coverage.
An OB/GYN pays an average of $74,000 and a neurosurgeon pays $97,000 for the same minimum coverage.
“They know going into this field, they're going to have to carry this insurance, that that is the price of doing business. I'm sorry, but you need more,” Shepherd said.
An estimated five to 10 percent of Florida doctors choose to go without insurance altogether.
Under state law, they can post a $250,000 bond instead.
Medical Malpractice attorney Bonnie Navin, who practices primarily in South Florida, says the loophole should be eliminated and the required insurance minimums should be raised.
“If everybody was required to have more insurance, the premiums go down. You're not going to see more cases,” Navin said.
She estimates her firm only brings about one case for every 1,000 calls or emails about potential cases received.
Navin says the high costs and stringent requirements of bringing a medical malpractice case in Florida prevent frivolous cases from going to trial.
“The argument people make is if we do that, then there's going to be more lawsuits, and that's just simply not the case,” she said. “Medical malpractice attorneys are not taking a bunion case. They're taking cases that are catastrophic to the person who's injured.”
Tampa malpractice attorney Web Brennan, who is past president of the Academy of Florida Trial Lawyers, agrees.
“That bill would give protection to the doctors because they'd have more coverage for themselves, protection to the patient because they'd have somewhere to seek recourse. It would be a win-win for everyone. The only one that would lose would be, guess who, the insurance company,” Brennan said.
Sen. Rouson says after he introduces his bill, he hopes people who were victims of medical malpractice will contact lawmakers and get involved.
“They should come to Tallahassee and testify when the bill is heard in committee,” Rouson said.
Rouson says he believes those voices can help bring about much-needed change.
“Do I expect them to act on this? Honestly, no, but I have to do my part to bring it to their attention,” Shepherd said.
Check out your Doctor
You can check out your physician to see if he or she has been sued, faced discipline and has insurance coverage.
Here’s a link where you can check the level of coverage they have and if they have paid any malpractice claims in the past 10 years.
Contact Florida Lawmakers
If you’d like to let your lawmaker know what you think, you can click on the links to contact Florida House of Representatives or contact Florida Senators.
Share Your Story with Adam
Adam Walser has spent more than a decade fighting for what’s right in Tampa Bay as part of the I-Team. He’s helped expose flaws in Florida’s eldercare system and held leaders accountable for how they use your tax dollars. Reach out to Adam with any issue you think he needs to investigate.
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