Tort Reform
Florida Statute 768.0427 – Orders, Articles, and Lectures Interpreted by Aaron Proulx, Esq.
Court Orders
Court Orders Interpreting Florida Statute 768.0427
When Section 768.0427 first passed, the only legal discussion focused on its retroactivity. Over time, courts across Florida began issuing more substantive rulings on how this law applies in practice. This section highlights key orders that shape the current legal landscape around Tort Reform and how it affects medical discovery and financial disclosures.
Initially, the only orders interpreting Section 768.0427 were regarding its retroactivity. Recently there have been a plethora of orders that substantively interpret the statute.
This section will feature selected trial court orders that clarify key provisions of Florida’s Tort Reform law, including:
Retroactivity of the statute
Burden of proof regarding reasonableness of medical bills
Discoverability of insurance contracts
Admissibility of provider contracts and reimbursement rates
Impact of Letters of Protection (LOPs) and account receivable sales
Court orders with summaries and downloadable PDFs will be added here as they become available.
Letters of Protection - Orders on Interpretation
Court orders addressing the interpretation of Letters of Protection under the statute.
Medical Damages - Orders on Interpretation
Court orders interpreting statutory provisions related to medical damages under Florida tort reform.
ICR Orders
Court orders addressing issues related to insurance claims and ICR-related disputes.
HB 837 Retroactivity – Wave 1
Early court orders interpreting provisions of Florida’s tort reform legislation.
HB 837 Retroactivity – Wave 2
Subsequent court orders interpreting later applications of Florida’s tort reform legislation.
Published Articles
Florida Personal Injury Magazine Series by Aaron Proulx, Esq.
Within a year of opening The Doctor’s Lawyer, PLLC, Florida Tort Reform became law — Section 768.0427. At the time, there were no court decisions interpreting the statute. Aaron Proulx, Esq. dedicated countless hours to studying its language and potential applications, and published a seven-part article series in Florida Personal Injury Magazine offering guidance and interpretation. More articles to follow.
Article #1 – Overview of the Statute
Introduces a 3-tiered strategy responding to Tort Reform and outlines key statutory provisions with practical tips for PI firms and medical providers.
Article #2 – How the Definition of “LOP” Helps PI Firms and Medical Providers
Explains how to avoid triggering disclosure requirements by redefining financial agreements and removing LOP language.
Article #3 – Understanding the Distinctions Between Subsections (2)(a) and (2)(b)
Clarifies the difference between satisfied and unsatisfied medical bills and how each affects admissible evidence.
Article #4 – How Subsection (2)(e) May Prevent the Jury from Seeing Health Insurance Reimbursement Rates
Details a legal strategy using protective orders to block defense discovery of reimbursement contracts.
Article #5 – Tort Reform Is NOT a General Cap on Damages
Dispels the myth that Tort Reform limits all damages and warns attorneys against undervaluing cases.
Article #6 – The Price of the Sale of an Account Receivable Is Not a Cap on Damages, Is Not Admissible, and Is Not Discoverable
Analyzes why sales prices don’t satisfy medical bills and are excluded from jury consideration unless tied to an LOP.
Article #7 – The Absurd “Burden-Shift-Scare” in the Trial Courts Appears to Be Over
Breaks down recent conflicting court orders and explains why the majority view rejects the idea of shifting the burden of proof.
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