Medical Malpractice Suit Goes to the Supreme Court

February 18, 2021 by Yale Spector

Medical Malpractice Suit Goes to the Supreme Court

malpractice suit goes to Supreme Court

As lawyers who specialize in medical malpractice, the Spector Injury & Accident Lawyers knows that sometimes malpractice cases can be difficult to resolve. For example, a Florida malpractice case recently went all the way to the Supreme Court because of a dispute over the constitutionality of a 2013 medical malpractice law.

Critics of the law argued that it violated doctor-patient privacy rights. In July, the law was upheld by the 1st District Court of Appeal, however opposing attorneys in Escambia County were quick to file a notice asking the Supreme Court to hear their argument.

Part of the law that was under debate is referred to as “ex parte communications.” Under this portion of medical malpractice law, defense attorneys representing a doctor accused of malpractice could obtain the personal health information from other doctors regarding the patient involved in the case.

Opposing counsel argued that “ex parte communications” violates a right to privacy. However, the appeals court disagreed, stating that:
<blockquote=””>It is well-established in Florida and across the country that any privacy rights that might attach to a claimant’s medical information are waived once that information is placed at issue by filing a medical malpractice claim.

Florida 1st District Court of Appeals

Have you been injured in a medical malpractice case? The Spector Injury & Accident Lawyers will inform you of your legal rights and fight to get you the justice you deserve. Call us today for a free case evaluation.