Florida Appeals Court Upholds Controversial Medical Malpractice Law

A Florida appeals court ruled this week that patients waive some of their privacy rights when filing a medical malpractice lawsuit. The three-judge panel of the First District Court of Appeals upheld recent changes to the state’s medical malpractice law that allowed for the waiving of a patient’s privacy rights during communications regarding a malpractice case. The suit challenged the constitutional basis for the law, as it could be interpreted as violating the patient’s guaranteed right to privacy under the Florida Constitution.

Details of the Medical Malpractice Lawsuit

The original lawsuit stems from a case involving a woman who claimed that her husband passed away due to medical malpractice. Emma Gayle Weaver, wife of Thomas Weaver, stated that she considered filing a medical malpractice lawsuit against the doctor who was caring for her husband at the time of his death. The state’s medical malpractice law requires that plaintiffs sign waivers allowing for the review of the patient’s medical records before filing the suit. Mrs. Weaver stated that she was concerned about the constitutional basis for allowing attorneys to review her husband’s medical records.

Medical Malpractice Law and Ex-Parte Communications

The case stems from how a 2013 change to the state’s medical malpractice law allows for “ex-parte” communications between both sides. An ex-parte communication means that the doctor’s attorneys could access the patient’s medical records as part of their defense strategy. In most cases, ex-parte communications are not allowed. The Florida medical malpractice law allows the defense attorneys to contact other doctors who treated the patient, without the permission of the patient or the patient’s attorney.

Medical Malpractice Law and Privacy

The lawsuit questioned whether the new medical malpractice law violated the state’s constitutional guarantees of the right to privacy. A version of the lawsuit posted on a website for the Florida Justice Association, a professional association of the state’s personal injury lawyers, stated that the new medical malpractice law allowed defense attorneys access to a patient’s medical records “without a compelling need for that information” and “without adequate safeguards against unnecessary disclosure.”

Medical Malpractice Law and HIPAA

Another challenge to the Florida medical malpractice law also alleged that the act violated the federal Health Insurance Portability and Accountability Act, also known as HIPAA. The allegations stated that the medical malpractice law violated HIPAA by allowing disclosure of the patient’s personal medical information to parties who were not a part of in the patient’s treatment, nor were they involved in the insurance payments for that treatment. Last year, the Eleventh Circuit Court of Appeals ruled that the law did not violate HIPAA due to the nature of medical malpractice lawsuits.

Source: WQAM-TV

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