Jimmy Patronis, Jeff Brandes highlight COVID-19 liability protections for health care community

Sen. Jeff Brandes and Chief Financial Officer Jimmy Patronis on Monday stressed the need to extend COVID-19 liability protections to health care workers and medical institutions.

Speaking in Tallahassee at the Centre Pointe Health and Rehabilitation Center, the Republican pair highlighted the looming threat predatory lawsuits pose to Florida’s health care community.

Brandes, a Tampa Bay lawmaker, described the protections as a legislative priority.

“We can’t allow sue-and-settle tactics to open the floodgates for attorneys to go after businesses, health care, and long term care facilities who are desperately providing the care needed for our seniors,” Brandes said. “We must protect the good actors within our health care communities who are doing everything they can to keep our patients and employees safe.”

Brandes contended that health workers navigated conflicting health guidance with limited supplies during the pandemic’s early stages.

He further noted that Gov. Ron DeSantis issued an executive order early last year, blocking elective procedures and health screenings during COVID-19 lockdowns — a move that may prompt litigation down the road.

While Brandes did not provide specifics, he said the legislation will be unveiled “very soon.” 

“We essentially asked them to MacGyver their way through a pandemic, at least the early parts,” Brandes said. 

Patronis, meanwhile, echoed Brandes’ call for protections.

Businesses following CDC health guidelines, he said, should fear neither “activist judges” nor “bad actor attorneys.” 

“The Legislature will address this,” Patronis said while flanked by health care workers. “They will do something about it. We need to make sure that these heroes are included in that model legislation.”

The‌ ‌House‌ ‌Health‌ ‌& ‌Human‌ ‌Services‌ ‌Committee ‌conducted‌ ‌a workshop in January ‌where lawmakers discussed ‌such  ‌protections‌.

There, lawmakers heard from a Jacksonville lawyer who suggested Florida’s current laws may already go far enough. ‌

Trial ‌lawyer ‌Thomas‌ ‌Edwards‌ ‌said‌ health care providers‌ have legal protections in place, including pre-suit requirements related to medical malpractice. He added that raising the bar for the standard of care may harm consumers.

Notably, a recent Florida Chamber poll suggests COVID-19 liability protections are overwhelmingly supported by Floridians. According to the poll, 74% of likely voters said they support business protections, and 78% favor protections for doctors, hospitals and nursing homes.

COVID-19 liability protections are a Republican priority ahead of the 2021 Legislation Session.

The Legislature is already fast-tracking protections for businesses, churches, and schools under a Senate bill sponsored by Brandes. 

The bill, SB 72, cleared the Senate Judiciary Committee in January by a party-line vote. It will appear next before the Commerce and Tourism Committee. 

Brandes noted that drafting protections for the health care community is more complex than business protections given all the factors.

“I think it’s important to recognize that physicians acted in the best interests of their patients at all times,” Brandes said.

The 2021 Legislative Session begins March 2.