11th Cir. Upholds Part of FL Med Mal Reform

In 2013, the Florida legislature passed a reform requiring claimants filing lawsuits to sign forms authorizing ex parte communications:

In ex parte communications, for example, defense attorneys representing a doctor accused of malpractice could get personal health information about the patient involved in the case. That information could come from other doctors who treated the patient, and disclosure could occur without the patient’s attorney being present.

Last year, a federal judge held the law violated HIPAA, which sets limits on disclosure of personal medical information.  On Friday, the Eleventh Circuit upheld the law, stating patients have a choice whether to file suit and, thus, HIPAA is not violated.  TheLedger.com has the story.