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Federal Judge Strikes Down Florida Medical Malpractice Consent Rule

By Orlando Personal Injury Attorney on October 18, 2013

In a move applauded by Orlando medical malpractice attorneys, a federal judge recently struck down a key Florida medical malpractice law that required a patient to allow a defending physician’s attorney to informally discuss the case with the patient’s other health care providers. The law allowed such discussions to occur without the patient or their legal representative present. In his ruling, U.S. District Judge Robert Hinkle said that the Florida law violates the patient consent provisions of the federal Health Insurance Portability and Accountability Act (HIPAA). [Murphy v. Dulay 4:113cv378].

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