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Lawyers file lawsuits challenging change in medmal law that takes effect today

Florida doctors won a big legislative victory this year with the passage of a top priority bill for Senate President Don Gaetz that would allow the attorneys for doctors in medical malpractice claims to collect information on the private conversations between patients and other doctors without the patient's permission. 

But the victory will be short-lived if a group of high powered attorneys have their way. In five separate complaints filed in federal and state court today, the lawyers claim that the so-called "ex parte" provisions of SB 1972 is an unconstitutional violation of the state's privacy laws and also violates the federal privacy protections in the Health Insurance Portability and Accountabilty Act, HIPAA.

The bill, which takes effect today, allows for lawyers to to learn about a patient's medical condition by talking to other treating doctors without the patient or his lawyer being present. The legal challenge was coordinated by the Florida Justice Association, the trade association for the state's trial lawyers.

"With everything that is happening in the federal government right now involving the invasion of privacy of U.S. Citizens by their government, it is appalling to know that in Florida, our Legislature and governor have authorized doctors to divulge their patients’ personal, private medical history to complete strangers,” said Debra Henley, executive director of the Florida Justice Association. 

The lawyers tried and failed to get the provision rejected by lawmakers during the legislative session, warning that it could have a chilling effect on patients, prompting them to withhold vital information from their doctors that could prevent effective treatment. They also warned that doctors could be pressured or intimidated by their medical malpractice insurers from testifying in a medical negligence case because the communications could be used against them.  

 “When no one is present to protect the victim, sensitive medical information may be disclosed, no matter how irrelevant, personal, or embarrassing it may be to the patient,”  Henley said in a statement. “What is worse is that the attorney can do whatever he or she wants to with that sensitive information.”

Florida Medical Association executive vice president Timothy J. Stapleton didn't want to say much, except this, in a statement: “It is hardly surprising that the trial bar would challenge this, as they were content with the extremely uneven playing field that existed before this legislation was enacted,'' he said. 

Here are the links to the complaints: 

Three federal and two state complaints were filed today:

 

Dana Brooks, of Eubanks, Barrett, Fasig & Brooks in Tallahassee, filed a federal 

complaint in the United States District Court in the Northern District of Florida. 

https://www.floridajusticeassociation.org/temp/ts_9BABB8CF-EC0C-C91B-B7A019F4E9F255E19BABB8DE-9DF4-20EC-F290CAD00CBD09B1/John%20Doe.pdf

 

Neal Roth, of Grossman Roth, P.A. in Coral Gables, filed a federal complaint in the

United States District Court in the Southern District of Florida.  (Miami)

 https://www.floridajusticeassociation.org/temp/ts_9BA92AA2-F5E9-977B-FB79BF98E8301F7A9BA92AB1-C295-883B-1C9C49AA41DE3E07/Doe%20Federal%20Complaint.pdf

 

Sean Domnick, of Domnick & Shevin, P.L. in Palm Beach Gardens, filed a federal complaint in the United States District Court in the Southern District of Florida.  (Palm Beach)

https://www.floridajusticeassociation.org/temp/ts_9BAA0850-988F-B02F-E2AA73F94764F5BD9BAA085F-B841-ACBF-21B4BC38C2A38C95/Lee%20HIPAA%20COMPLAINT.pdf

 

Ken Sobel, of Freedland Harwin, P.L. in Ft. Lauderdale, filed a state complaint in the

Circuit Court of the 17th Judicial Circuit (Broward).

https://www.floridajusticeassociation.org/temp/ts_9BACE662-94EC-0D80-8A41B1D3339F4AF39BACE671-0741-DE93-DD1F05D021608318/Complaint%20for%20Declaratory%20Judgment.pdf

 

Virginia Buchanan, of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. in Pensacola, filed a state complaint in the Circuit Court of the First Judicial Circuit (Escambia).

https://www.floridajusticeassociation.org/temp/ts_9BAA664E-98A0-BE72-71F27769050E9C3A9BAA665E-F1A7-FCBC-A1915E372495F82E/Complaint%20for%20Dec%20Judg%20%20Injunct%20Relief-WEAVER%20%283%29.pdf

 

Comments

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Repubtallygirl

None of the links works....hello??

R. Berthaut

A patient's personal medical information is sacrosanct. It should be solely within the patient's discretion to reveal it to anyone. This law needs to be overturned and those responsible for creating it need to be voted out of office. Typical Tallahassee GOP assault on privacy!

Phil Benton, MD, JD

I predict that the Federal District Court in Florida will hold exactly as the Federal District Court in Georgia - that this state law is preempted by the federal HIPPA statute, and patients' rights to privacy of their medical information will remain intact. PGB

NH

This type of situations would not occur if the personal injury greedy ambulance chasers would be in court every other day filing frivolous lawsuits against physicians just for financial gains! I have personally seen brilliant Ivy efucated surgeons & doctors declare bankruptcy due to large settlement or judgments in court!
We all pay for this at the end because the medical system will perform more testing, more office visits, more specialist to make sure that they don't end up in court for malpractice so the price of health care goes up & so does the insurance rates & over all it's taken out of our pockets!

Lawyers are greedy, unethical, will lie and do & say anything possible including making up complaints just to get the deep pocketed doctor to settle! I have personally been involved on Tort lawsuits & had the lawyers call & say it would be easier & cheaper on the pocket book to settle with the plaintiff(s) than going up trial! It's an extortion way of living!

The old saying goes how do you know when a lawyer is lying? When his lips move!

I hope the law stays intact, these trial lawyers can just pack up & go to hell!

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