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Sovereign Immunity
Sovereign immunity is an old English principle that dates back to the days when kings and queens ruled England. The principle holds that the monarchy is immune from criminal or civil prosecution. Stated simply it means you can’t sue the king. In America it means that the government is immune from suit, except to the extent it waives this immunity. In Florida the state has waived sovereign immunity to the extent that an injured individual may recover up to $100,000 for an individual, and potentially another $100,000 if there are dependants. Any amount above this must be sought through a Claims Bill – a special law that can be pursued for an individual that makes a recovery in excess of the above amounts. It is literally a law, complete with lobbyists, sponsors, committee votes, House and Senate passage, and eventually the Governor’s signature (or lack of votes and signature – it is at the government’s discretion).
The medical profession in Florida is attempting to creatively use this principle to try to shield itself from liability. It started with hospitals and clinics that are owned and run by state and local governments. Then other hospitals accepted a very small percentage of their revenue from taxpayer money and started calling themselves a “special taxing district” thereby availing themselves of sovereign immunity. Now huge multi-million dollar private corporations are attempting to call them selves state agents.
What happens is that one of these “special taxing district” hospitals contracts with a major medical corporation to provide physician services, such as emergency medicine or neonatology. The doctors are paid by the company, and the doctors and the company make millions. Then, when they make a medical mistake, they claim to be entitled to sovereign immunity based on their relationship with the hospital.
This situation is very complex, but we see it all the time. Make sure you hire a lawyer who specializes in this type of litigation, and is familiar with the games these huge corporations play, and is prepared to confront them in court.