New Fla. Law May Deter Medical Malpractice Suits

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Posted on 3rd July 2013 by gjohnson in Uncategorized

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Here’s one way to discourage people from filing medical malpractice suits: Allow the doctors and hospitals they want to sue to have access to all their medical records, violating their privacy.

A new law in Florida, being challenged by several trial attorneys, permits defendants in medical malpractice cases to get access to a plaintiff’s health care records, from all their health care providers, according to Insurance Journal. In five different lawsuits, trial attorneys argue that this violates the patient privacy safeguards in the federal Health Insurance Portability ad Accountability Act.

http://www.insurancejournal.com/news/southeast/2013/07/02/297371.htm

The trial lawyers, rightly so, maintain that this law will stop patients from filing malpractice suits, for fear that sensitive personal information about them will be made public, according to Insurance Journal. This law is so heinous, it permits potential defendants to contact health care providers even before a suit is filed, without consent of the would-be plaintiffs.

The trial lawyers suing are seeking an injunction to stop enforcement of the law, which they allege violates patients’ rights.

What kind of information would a patient be wary about becoming public?

Well, one woman whose child was born with a seizure disorder is considering filing a medical malpractice suit, Insurance Journal reported. But she was raped during her pregnancy, and she wants that information kept confidential. So because of the new law, she may not sue now.


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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