On June 5, 2013, Governor Rick Scott signed into law Senate Bill 1792, which made significant changes to Florida law governing medical malpractice claims. The Bill had the support of both the Florida Medical Association and the American Medical Association, and will take effect July 1, 2013.The new law makes a significant change to Section 766.102, Florida Statutes, by amending the standards for qualifying medical experts. Previously, Florida law required that a medical expert witness must be in the “same or similar” specialty as the defendant doctor. The legislature revised that section by eliminating the term “similar.” This will limit the scope of expert witnesses who can testify against a defendant to those who are in the same specialty as the defendant, as opposed to the vague “similar specialty” requirement. This provision will apply to cases accruing after July 1, 2013.
The new law also amends Florida’s privacy laws to allow a provider to disclose patient information to the provider’s attorney during a consultation when the provider reasonably expects to be deposed, to be called as a witness, or to receive discovery requests in a medical negligence action, presuit investigation, or administrative proceeding. The revised law allows the provider to disclose to counsel information provided by a patient, or records created by the practitioner during the course of the patient’s treatment. The law limits disclosure in circumstances where a provider’s insurer also represents the defendant provider, or prospective defendant. This provision will apply to all cases after July 1, 2013, regardless of when they accrued.
Additionally, the law now requires all malpractice claimants to provide a written authorization for release of protected health information, before filing suit, allowing a defendant to conduct interviews with the claimant’s treating physicians, without prior notice to the claimant. Prior to this law, a defendant could only interview a claimant’s physician through the deposition process.
These changes to Florida law will allow attorneys from both sides to speak with subsequent treating doctors to gain more information for their cases. These doctors, who may be entirely unrelated to these claims, can no longer be compelled to participate in a legal proceeding without attorney representation. These laws ensure that medical providers, and patients’ rights, are both equally protected.
