Florida legislature created a medical liability reform package for 2013
that could assist doctors in defending themselves in a
medical malpractice case. The United States District Judge Hinkle decided that this new reform
law violated a federal health care privacy laws. In the package, doctors
were given the ability for a lawyer of a doctor to talk with other doctors
about the patient that is suing them. The Health Insurance Portability
Account of 1996 conflicts with this ability in the reform package. Judge
Hinkle states that the statue is attempting to not comply with the requirements
in the federal law. The Federal Medical Association, on the other hand,
thinks that there will be an appeal of this rejection. The president of
the Association believes that the law will be upheld because it is in
compliance with the federal law.
Earlier in legislative sessions this year, lawyers argued that ex parte
interviews (interviews on one side or from one party) would make personal
information of patients known. This is in violation of privacy rights.
Supporters of the reform argue that an attorney for a doctor that is being
sued could get the information from other doctors of the patient without
being in violation of privacy rights. Judge Hinkle did not see how this
is accurate and rejected the reform. If you are the victim of a medical
malpractice accident, as of now, the attorneys of doctors cannot speak
with your other doctors about the case. This rejection may be appealed
and at that point, we can touch on the results of appeal.
Contact a Brandon medical malpractice lawyer from Boohoff Law, P.A. for help in your medical malpractice claim. We
can make sure your rights are protected and fight for the compensation
that you deserve from the negligent parties.