Malpractice Lawyers Challenge Florida

William E. Johnson
August 12, 2013

Florida Malpractice Lawyers Challenge Recent Changes to Law

Earlier this summer the Florida Legislature modified medical malpractice law by allowing doctors facing a malpractice lawsuit to speak to subsequent health care providers who treated the patients seeking to file the lawsuit, without the patient’s consent or presence. The law also requires experts who testify at medical malpractice hearings to be in the same specialty as the doctors charged with malpractice.

Since the law was enacted in June, 5 lawsuits have been filed to object to the law. The lawsuits all allege that the law violates the Health Insurance Portability and Accountability Act (HIPAA).

The supporters of the new law, including the Florida Medical Association, claim that the changes restore balance to an unfair medical malpractice system. However, the law’s opponents strongly believe that the new law allows an unwarranted invasion into the private medical records of the victims of malpractice.  

The Florida Justice Association (FJA) is amongst the opponents organizing efforts to repeal this law. FJA worries that the new law regarding communications between the allegedly negligent doctor and subsequent medical care providers could jeopardize a patient’s ability to bring a malpractice lawsuit against a negligent physician. The FJA also argues that the ability to engage with the subsequent doctors of the patients will allow the doctor and their lawyers to harass or intimidate the patient’s potential witnesses. Although, there is a question as to the extent to which this new law could harm cases due to the fact that the communications are only open before the lawsuit is filed and again limited once the formal lawsuit is filed.

Contact an Experienced West Palm Beach Malpractice Attorney

Hundreds of thousands of patients across the country suffer from the mistakes of their treating physicians each year. To learn more about a patient’s rights to a malpractice lawsuit or settlement, contact the Law Offices of William E. Johnson, P.A.  Our West Palm Beach malpractice lawyers can help get you the justice and compensation you deserve under the law. Call 561-832-4848 to schedule a free consultation today.