[Skip Navigation]

Professional Liability Closed Claims Industry Statements

Disclaimer || Search || Order || Industry Statements || Statute

Statement by affected HMOs

Not all claims against HMOs are included on this site. For example, five of the seven largest HMOs in Florida do not appear in this listing as having claims. The fact that an HMO has no or few claims may be due to the absence of professional liability insurance. Likewise, claims against HMOs in amounts below their liability policy deductible may not be reported.

Further, HMOs that employ doctors (staff-model HMOs) are subject to lawsuit for the alleged acts of their doctors. HMOs that contract with outside doctors (group- or IPA-model HMOs) aren't as likely to be sued even when its doctors are. As a result, there may be fewer claims involving HMOs that contract with doctors.

 In some instances, although a service provider or institution believes it isn't liable, it may nevertheless choose to settle disputed claims quickly rather than incur sizable legal costs in lengthy litigation. 

[ To view the total number of malpractice incidents for each of the past three years on all Florida HMOs - as reported to the Department of Insurance by the companies in their annual financial statements - click here. ]

 Inappropriate use of such malpractice information or closed claims reports may violate various provisions of law, including Section 641.3903(9), F.S., which prohibits:

"Knowingly making any misleading representations or incomplete or fraudulent comparisons of any health maintenance contracts or health maintenance organizations or of any insurance policies or insurers for the purpose of inducing, or intending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or health maintenance contract or to take out a health maintenance contract or policy of insurance in another health maintenance organization or insurer."

Back to Top

Statement by the Florida Medical Association

The Florida Medical Association cautions that the settlement of malpractice claims occurs for a variety of reasons, which do not necessarily reflect negatively on the professional competence or conduct of the individual provider or institution. Payment of a claim should not be a presumption that malpractice has occurred. Physicians often have little control over whether the insurance company pays an award. An insurance company may pay a claim on behalf of the insured physician, even when there is no liability, if the cost of defending the claim might exceed a potential settlement.

A large payment in a malpractice case does not necessarily indicate the provider or institution made a serious error. It could indicate, instead, that the patient suffered significant economic damages as a result of alleged malpractice.

Back to Top

Statement by the Florida Hospital Association

The Florida Hospital Association strongly supports providing meaningful data to consumers. However, liability claims information can be misleading. Insurance companies may settle claims for business reasons without consideration of fault and certain physicians are more prone to lawsuits because of the specialty in which they practice.

These issues are complex. Medical incidents, like medical malpractice suits, are often not clear cut. Experts disagree on medical practice and whether a result could have been prevented or was within the range of expected outcomes. Not all patients react the same to identical treatment. 

Hospitals have checks and balances in place to reduce the potential for human error. Hospitals have policies, procedures and training to help prevent mistakes. They have teams of physicians, nurses and licensed risk managers who examine, identify and correct problems. The liability claims on this site should not be used as a measure of quality care.

Top

DISCLAIMER and IMPORTANT CONSUMER NOTICE

Consumers are urged to read this notice prior to searching the closed claims database.

1. Florida’s professional liability reporting statute ( Chapter 627.912, F.S. ) doesn’t cover all licensed professionals or institutions. The law requires only that three entities -- insurance companies, self-insurance funds and joint underwriting associations -- file reports of alleged error, omission or negligence by insured doctors, dentists, hospitals, health maintenance organizations (HMOs), abortion clinics, ambulatory surgical centers, crisis stabilization units and lawyers.

2. The reports on this site stem from patient or client allegations and are public record. The site contains a listing of only those claims in which an insurer made a payment to a claimant to satisfy a judgment or reach a settlement, which companies sometimes do because it's less costly than fighting the matter in court. Consumers should also note that:

(a) Some providers and institutions covered by the closed claims law will not appear in this listing for various other reasons. For example, some may not carry professional liability insurance; and, others may be self-insured.

(b) Some of the closed claims -- because they date back many years -- involve professionals who have moved, retired or passed away. Likewise, some institutions may no longer exist; or, they may have changed names.

(c) Over the years, the claims reporting forms have changed. Prior to March 1988, for example, insurers could only report the name of a law firm instead of the name of the individual lawyer deemed responsible for the claim. In any event, neither the number nor amount of any claim is necessarily an indicator of professional competence or quality.

3. Consumers are advised to discuss and verify all information with the professional service provider or institution, and check all identifying factors to avoid confusion with similar names. Instructions for obtaining additional information from a closed claim report can be found by clicking here. ( The average report is five pages long. )

4. Additional information from the Florida Medical Association, the Florida Hospital Association and certain HMOs can be viewed by clicking here.

5. Neither the Department of Insurance nor the State of Florida accepts legal liability or responsibility for the accuracy, completeness or usefulness of this information on closed claim reports filed by insurers.

6. Inappropriate use of any closed claims information to make incomplete or misleading comparisons of professional providers or institutions may violate the law.

 Search now for closed liability claims on:

Doctors / Dentists / Hospitals / HMO's / Abortion Clinics
Ambulatory Surgical Centers / Crisis Stabilization Units / Lawyers.