Florida Supreme Court eliminates parts of 2013 medical malpractice law

On November 9, the Florida Supreme Court found itself disunited. The court rejected multiple aspects of a 2013 medical-malpractice law because the changes “have gashed Florida’s constitutional right to privacy.” Pieces of the 2013 law, justices said, could potentially allow for patients’ medical information to be disclosed even if it does not relate to the malpractice cases. The 2013 law dealt with problems in the process in which defense attorneys gather information in medical malpractice cases and their “ex parte” communications with plaintiffs’ doctors. “Ex parte” communications are conversations between defense attorneys and the doctors surrounding the patient’s treatment. The 2013 law allowed these types of discussions to occur without the presence of plaintiffs’ attorneys. In ex parte communications where a judge is not present, communication is undocumented and could result in patient privacy violations. …

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