Florida is already a really difficult state to bring a med mal case. Due to all the restrictions of filing a med mal lawsuit in this state, at a minimum, a lawyer will spend 10k just to bring a suit. That's just to file with all the supporting documentation that's necessary. If he files, he knows he's going to be into it for six figures. And, there's caps on damages. So, there's a lot of risk with a capped reward.
The concept of a frivolous med mal suit in Florida is pretty laughable. It's even more laughable if a frivolous lawsuit was brought against an ER doctor because of the tougher standards.
I dont say this to go against what some of the doctors have said on this thread. I've done some med mal defense and I know how personal it is for the doctors. As much as doctors hate lawyers for all the lawsuits, though, they act as if lawyers are not subject to the same thing themselves. Lawyers are constantly covering their ass every time they do something. If it's not a potential malpractice suit, it's the potential of a bar complaint and getting suspended.
I know it's fun to hate on lawyers, but it's a positive that we live in a society that people and, in particular our professionals, are held responsible for their negligence. It may be tough for doctors to believe this with their God complex and all...but, sometimes they do make mistakes.