In 2013, the Florida legislature passed a med mal reform requiring claimants filing lawsuits to sign forms authorizing ex parte communications: In ex parte communications, for example, defense attorneys representing a doctor accused of malpractice could get personal health information about the patient involved in the case. That information could come from other doctors who treated the patient, and disclosure could occur without the patient's attorney being present. In October of 2014, the Eleventh Circuit held that the reform did not violate HIPAA. Now the 1st District Court of Appeal has upheld the constitutionality of the reform from challenges that it violates the right to privacy and separation of powers. CBS Miami has the story.
Sunday, July 26, 2015
Court upholds constitutionality of Florida statute that authorizes defendants' lawyers in medical malpractice cases to communicate directly with the plaintiffs' doctors without having to inform the plaintiffs or their lawyers
As reported in the TortsProf blog,