Challenge to medical liability law could complicate pre-suit process

A medical liability case, even if successful, can cause financial, emotional and reputational harm to a physician —and also to the patient who brings the suit. A 2013 amendment to the Florida Medical Liability Act, which requires the plaintiff to release relevant health information to determine whether a claim for medical liability is meritorious, is under threat in the Florida Supreme Court. At stake inWeaver v. Myers is whether the Florida Medical Malpractice Act, which requires the plaintiff to authorize the release of otherwise confidential health information as a condition of bringing a lawsuit for medical liability, is valid. Both a trial court and the Florida First District Court of Appeals confirmed the amendment ’s validity. Florida ’s pre-suit investigation process was intended to allow both claimants and potential defendants the opportunity to determine whether a medical liability claim has merit and to encourage early resolution of claims between the parties. This process can avoid costly and time-consuming proceedings thr ough a less complicated pre-suit process that allows both parties to examine the evidence.What happened Emma Weaver, widow and representative of Thomas C. Weaver, sued her late husband ’s physician, Stephen C. Myers, MD, for medical liability. However, she did not want to allow Dr. Myers’ attorneys to interview the other physicians who had treated her deceased husband. She asserted that the Florida constitution and a regulation prom...
Source: AMA Wire - Category: Journals (General) Authors: Source Type: news