1. Florida Has Been Named the Country’s Worst “Judicial Hellhole” How Did That Happen and Where Do We Go From Here?
Horizon Council • June 15, 2018
Presented by Traci T. McKee, Esquire
Henderson, Franklin, Starnes & Holt, P.A.

2. Who Am I? Defense Attorney Local Governments
Corporations – large and small
Individuals – from professionals to homeowners to business owners
Many times I am paid by insurance companies
Florida Defense Lawyers Association, President-Elect
I believe in our jury system
I am lucky to practice law in SW Florida
Phenomenal judges in SW Florida

3. Judicial Hellholes American Tort Reform Foundation (ATRF)
“Lawsuit abuse in Florida is an increasingly serious and expensive problem, and it just keeps getting worse. On average, it translates into a $3,400 ‘tax’ for Florida’s families each year, due to increased lawsuit abuse costs.” -Mark Wilson, CEO Florida Chamber of Commerce

4. Case Example: Minor Parking Lot Accident

5. The Plaintiff 28 years old
2 Prior Auto Accidents within 3 years of the Parking Lot Accident
Represented by same attorney for all 3 accidents
Made claims for all 3 accidents
Treated with the same neurosurgeon for all 3 accidents
1st Accident = L5-S1 Discectomy (surgery)
2nd Accident = L5-S1 Fusion (surgery)
3rd Accident = SI Joint Fusion (surgery)

6. The Medical (Over)Treatment
Health Insurance
However, instead proceeded under a Letter of Protection (LOP)
Neurosurgeon only gets paid if Plaintiff gets paid
Neurosurgeon now has a stake in any verdict/settlement
No limit to what the Neurosurgeon can “charge”
Neurosurgeon testifies the total amount is due and owing
Larger medical bills = larger settlements & verdicts

7. The Medical (Over)Treatment
Provider Name Provider Charges Medicare Allowed
Provider A $ , $ 3,314.44
Surgical Facility A $ , $ 7,824.85
Provider B $ , $
Facility B $ , $
Chiropractor $ , $ 1,446.09
Totals: $ , $ 13,361.02
UCR: $ ,938.00

8. What is the Result?
Minor parking lot accident – local government at fault
$134,000+ in “incurred” medical bills
Young Plaintiff underwent a major surgery
Many times – Plaintiff has a poor result from surgery
Does not include pain & suffering/mental anguish
Defendant local government forced to pay tens, if not hundreds, of thousands of dollars in defense costs, experts, and settlement/verdicts
Where does that money come from?

9. Repeated Legislation from the Bench
“The majority just discards and ignores all of the Legislature's work and fact-finding. But, under our constitutional system, it is the Legislature, not this Court, that is entitled to make laws as a matter of policy based upon the facts it finds.”
“It is the Legislature's task to decide whether a medical malpractice crisis exists, whether a medical malpractice crisis has abated, and whether the Florida Statutes should be amended accordingly. For a majority of this Court to decide that a crisis no longer exists, if it ever existed, so it can essentially change a statute and policy it dislikes, improperly interjects the judiciary into a legislative function.”
-Justice Ricky Polston (dissent)

10. Other Concerns in Florida
Florida Supreme Court’s dismay over the Legislature’s adoption of the Daubert standard for expert testimony at trial
PIP Fraud by Lawyers and Doctors
Assignment of Benefits – now a huge issue with storm claims
“Drive-by” ADA Lawsuits
Increased Class Action Litigation
“Bad Faith” Litigation

11. Where Do We Go From Here?
Talk to your local legislators about tort reform
What are our local legislators doing with respect to tort reform?
Understand the expense that lawsuit abuse has on all Floridians
3 Florida Supreme Court Justices will be replaced in could implicate a major shift for the Court
Florida’s next Governor will appoint these 3 critical positions – get fully informed about your candidates and VOTE!
Embrace the fulfillment of your civic duty

13. Thank you!
Traci T. McKee, Esquire Henderson, Franklin, Starnes & Holt, P.A