A federal judge dismissed a Florida law Wednesday that would make it easier for doctors to defend against malpractice claims, reports Mary Ellen Klas in the Miami Herald. The law allowed lawyers of doctors defending against malpractice charges to communicate with other doctors who treated the claimant.
U.S. District Judge Robert Hinkle threw out the law, filing a 17-page ruling that said the 2013 state law violated the federal Health Insurance Portability Accountability Act of 1996, known as HIPAA.
“The Florida statute is an attempt not to comply with the federal requirements but to circumvent them—to allow ex parte interviews without consent and without the court or administrative order (or opportunity to obtain a ruling) that federal law requires,” Hinkle wrote.
The Florida Legislature passed the bill last session with the support of the Florida Medical Association, attempting changes to “ex parte communications” in medical malpractice lawsuits. Supporters maintain the law gives defense attorneys fair access to information already available to plaintiff’s attorneys.
The case originated from a patient who wanted to sue a doctor for negligence, but felt the new law violated his privacy rights. The trial-lawyer group Florida Justice Association, who initially opposed the state law, backed the federal lawsuit.
