19 Jan

APPEALS COURT UPHOLDS VIOLATION OF PRIVACY RIGHTS

Medical Malpractice, Medication Errors, Pharmacy Negligence

The First District Court of Appeals has uphelp a Florida Law which allows insurance company lawyers to meet with the doctors of malpractice physicians to discuss the health records and history of their patients.

In so doing, the appelate court upheld the constitutionality of a law which requires victims and their families to waive their right to privacy by virtue of being a victim of medical malpractice. It should be noted niether the doctors or hospitals are required to waive their right to privacy, including financial incentives, by providing their financial information .

The case is Weaver v Meyers and can be found here;

https://edca.1dca.org/DCADocs/2014/3178/143178_DC05_07212015_093152_i.pdf

The Weaver decision is not yet final, and the plaintiff has 30 days to ask the Florida Supreme Court to review the decision.