Lobby sign requirements if you do not carry coverage
Consider having patients sign a form

Urgent Notice to all physicians that carry NO malpractice insurance:  (provided by the BCMA)

If you are electing not to carry malpractice insurance, note the Legislature has added requirements to Section 458.320 (5)(6)4, Florida Statutes, with which you must comply.  The change in the law was effective 7-1-97.

All licensed Florida physicians who are not carrying medical malpractice insurance:

1.    Must post a sign in the reception area noticeable by patients or,

2.    Must provide a written statement to any person to whom medical services are being provided.  A copy of the statement shall be given to each patient to sign, acknowledge its receipt, and kept in the patient’s file.  If the patient refuses or is unable to sign the statement, the licensee shall so note on the form.

The sign and the written statement must state that:
"Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. YOUR DOCTOR HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida law subject to certain conditions. Florida law imposes penalties against noninsured physicians who fail to satisfy adverse judgments arising from claims of medical malpractice. This notice is provided pursuant to Florida law."
The above is the exact wording you must use for your sign and written statement.  Be sure and capitalize “YOUR DOCTOR HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE."

If you qualify as "part time" you should use this sign instead:
Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant to Florida law.
In answer to one question proposed thus far, the statement can be part of an overall consent form, but legal counsel is suggesting that this be initialed by the patient as well as being signed at the end.

Further, any uninsured physician who fails to satisfy a malpractice claim against them will receive an emergency suspension of his Florida license.
 
This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel.  Singer Xenos does not provide legal advice.
Singer Xenos does not provide legal advice. Please consult with your own legal counsel.