Fla. Medical Malpractice Law Violates HIPAA, Judge Finds

Law360, Miami (September 26, 2013, 6:20 PM ET) -- A Florida federal judge on Wednesday threw out part of a state medical-malpractice law enacted earlier this year, saying it attempts to circumvent federal law that protects the improper disclosure of patients' medical information.

U.S. District Judge Robert L. Hinkle concluded that the new law violates the Health Insurance Portability and Accountability Act with a provision that requires a patient, before pursuing a medical-negligence claim, to sign an authorization for the potential defendant — or the defendant's counsel, insurers or adjusters — to interview the claimant's...
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