Fla. Judge Weighs Preemption In Medical Records Access Suit

Law360 (May 8, 2020, 3:30 PM EDT) -- A Florida federal judge on Friday seemed hesitant to wade into a dispute over whether a voter-approved state constitutional amendment requiring health care providers to produce certain patient records is preempted by federal law after pointing out that the state's Supreme Court already said it was not.

In a telephone hearing, U.S. District Judge Timothy J. Corrigan told counsel for Shands Jacksonville Medical Center that the hospital, which is suing a patient who has requested documents as part of a potential medical malpractice claim, is essentially asking him to ignore a 2017 Florida Supreme Court ruling in a similar dispute....

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