Fla. lawyers press for constitutional right to sue HMOs

The effort would give voters the chance to decide if patients should be allowed to sue health plans. Opponents say it's a lawyers' relief amendment.

By Tanya Albert, AMNews staff. Oct. 8, 2001.

A Florida attorney is trying a new tactic in the effort to give patients the right to sue their HMOs for damages -- he's attempting to change the state constitution instead of waiting for the Legislature to act.

The National Conference of State Legislatures believes this is the first time that someone has tried to change a state constitution to provide a right to sue health plans.

Nine states have passed laws that give their residents the right to sue plans after they've gone through a review process. On the federal level, the House and the Senate earlier this year passed their own patients' bill of rights measures, which have differing HMO liability language.

But Orlando lawyer John Morgan said he thought a constitutional change was the way to go because he didn't see much hope for final passage of federal legislation giving patients the right to sue for damages. Plus, he contends that the Republican-dominated Florida Legislature isn't likely to pass a law giving patients those rights.

Three liability bills died in the Florida Legislature this year.

"We receive calls daily from people with differences with HMOs," said Morgan, whose firm specializes in personal injury and wrongful death cases. "Patients say they are being denied a last chance for survival, and you tell them there is nothing we can do. I have been contacted many times by doctors because they're not getting paid or their contract has been canceled, and patients are given the impression that it was the doctor's fault." [...]