Favorable Ruling on New Medical Malpractice Legislation

September 25, 2013

Today in Tallahassee in the case of Murphy v. Dulay, Judge Robert Hinkle of the United States District Court for the Northern District of Florida ruled that the "authorization that a patient is required to provide under Florida Statutes s.766.1065 does not authorize a health care provider to disclose health information about the patient in an exparte interview." Such interviews must be authorized in accordance with 45 C.F.R. s.164.512(e).

The fight to prevent defense lawyer exparte communications with treating physicians did not end with the legislative session. We will continue to work to protect the privacy of medical malpractice victims in Florida. We greatly appreciate the efforts of Robert Peck of the Center for Constitutional Law in Washington D.C., with the support of the American Association for Justice (AAJ); the lawyers and firms involved in this case; David Buckner and the other members of the Grossman and Roth firm who worked on this case; Dana Brooks of Eubanks, Barrett, Fasig & Brooks; and Ken Sobel of Freedland Harwin, PL.