A federal judge has rejected an important part of Florida's new medical malpractice law, ruling it would violate patient privacy, according to a Miami Herald report.
U.S. District Judge Robert Hinkle said the law, which was signed by Gov. Rick Scott less than four months ago, conflicts with federal requirements meant to prevent improper disclosure of patients' health information, according to the report.
Under the state's malpractice law, "ex parte communications" occur when defense attorneys representing a physician accused of malpractice retrieve personal health information about the patient involved in the case. The information could come from other physicians who treated the patient, and disclosure could occur without the patient's attorney being present, according to the report.
"The issue is whether a state, by statute, may require a patient, as a condition precedent to pursuing a medical-negligence claim, to sign an authorization allowing the potential defendant — and the potential defendant's attorneys, insurers and adjusters — to conduct ex parte interviews with the patient's other healthcare providers," Judge Hinkle wrote. "Because federal law prohibits ex parte interviews of this kind with exceptions not applicable here, this order holds the statute invalid."
The judge's ruling yesterday is problematic for the Florida Medical Association, which lobbied heavily for changes to the state's medical malpractice system. The FMA said it is reviewing Judge Hinkle's ruling, according to the report.
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