Judge Strikes Down Portion of Medical Malpractice Law That Threatened Patient Privacy.

U.S. District Court Judge Robert Hinkle struck down a portion of a new Florida medical malpractice law on Wednesday, September 25. The judge held that the law is unconstitutional and is preempted by federal requirements regarding patient health information

Under the Florida law, personal health information could be conveyed from doctors accused of medical malpractice to their defense attorneys without the patient’s consent or their attorneys being present.  Judge Hinkle found that the federal Health Insurance Portability and Accountability Act (HIPAA) prevents this type of “ex parte disclosure,” and ruled that the portion of the Florida medical malpractice law allowing such disclosures was thus invalid.

The ruling came as a blow to so-called medical malpractice reform advocates, such as the Florida Medical Association, but was heralded by patients’ rights advocacy groups like the Florida Justice Association.

Judge Hinkle noted that there may be valid arguments on either side of the ex parte disclosure debate, but ultimately decided that the arguments were irrelevant because of the express limitations on the disclosure of information under federal law.

Are you or your loved one suffering from a Massachusetts medical malpractice personal injury caused by doctor negligence?  If so, please do not hesitate another moment to protect your legal rights and remedies.  Pick up the phone and call our Massachusetts medical mistake attorneys, Boston, MA accident injury attorneys and Boston, MA wrongful death lawyers today at 617-787-3700.  You can also email info@gilhoylaw.com to reach our Boston, MA medical malpractice lawyers, Boston personal injury lawyers and Boston, MA accidental death attorneys.

The legal professionals at our full service Boston, MA law office have the skills and resources necessary to get you the personal injury damages and wrongful death damages to which you are entitled.  Contact our highly experienced Boston, MA lawyers, 24 hours a day, 7 days a week, at 617-787-3700, or at info@gilhoylaw.com, for a free, confidential consultation.

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