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Editor: Christopher J. Robinette

FL: Supreme Court to Decide Constitutionality of “Ex Parte Communications” Med Mal Reform

In 2013, the Florida legislature passed a med mal 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.

In October of 2014, the Eleventh Circuit held that the reform did not violate HIPAA.  The 1st District Court of Appeal upheld the law’s constitutionality last year.  The Florida Supreme Court will now decide the issue.  A date for oral argument has not been set.  Health News Florida has details.