Florida Attorneys Challenging Medical Malpractice Law

In late 2012, the Florida Supreme Court issued its ruling in Hasan v. Garvin.  You can read our blog on that decision here (http://letolaw.wpengine.com/blog/miami-medical-malpractice-lawyer-florida-supreme-court-doctor-patient-confidentialit/).  In its decision, the Florida Supreme Court took steps to protect patients from intrusive efforts by defense lawyers and insurance companies to investigate private medical information of a patient that decides to pursue a medical malpractice lawsuit.

In response, the Florida Legislature passed a new law during the recent legislative session which, in essence, reverses the Florida Supreme Court and provides defendants access to private and confidential health information of victims of medical malpractice.  Even further, defense lawyers and insurance companies can now speak directly to the victim’s doctors, a practice that is seemingly in violation of federal privacy laws.

These laws went into effect on July 1, 2013 but lawyers for medical malpractice victims are seeking injunctions from the state and federal courts, arguing that these laws directly violate HIPAA and other healthcare privacy laws.  Separate from the fact that the law is in direct violation of HIPAA, these laws will serve to discourage people from pursuing a medical malpractice claim for fear of having their privacy violated.

These laws, as well many other complex and complicated laws that are specific only to medical malpractice claims require considerable legal knowledge and experience. At the Leto Law Firm, our Miami Medical Malpractice Lawyers have many years of experience handling the most complex medical malpractice cases. To set up a consultation regarding a medical malpractice claim,  please call us at (305) 577-8448 or email info@letolaw.com.