Fla. Court Backs Law On Patient Info In Malpractice Suits

Law360, Miami (July 21, 2015, 8:10 PM EDT) -- A Florida appeals court Tuesday backed a 2013 law that amended the state's malpractice presuit notice requirements to allow doctors named as defendants to disclose patient information under some circumstances.

Florida's First District Court of Appeal affirmed summary judgment against plaintiff Emma Weaver, who had alleged that the law violated the Health Insurance Portability and Accountability Act, encroached on the Florida Supreme Court's authority to govern presuit discovery in medical malpractice cases, and violated state residents' privacy rights.

The appeals court said the rule mirrors Florida law and does not limit the high court's right to govern presuit discovery.

“Because the...

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