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Unfortunate decision by Florida Appeals Court uphold medical malpractice law that violated concepts of privacy.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut

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An Appellate Court in Florida upheld a portion of a Florida law that allows defense lawyers and defendant's in malpractice cases to potentially view confidential information of malpractice victims.  The Florida law is a very uncommon law.  I don't even believe any other state has such a rule.  It is hard to see how such a law would be necessary.  It appears to do nothing other than create a barrier for someone to vindicate their rights.  It is a slap in the face.  Under the law, as a condition of filing a lawsuit, you must conditionally authorize the defendant to gain access your other personal medical inforation.  Before this law was passed, the existing rules provide that relevant material must be shared with the other side.  That has been the rule from day one.  But now, to provide a blanket authorization to the defense with no restrictions is unfair to victims of malpractice in Florida. 

That law does not exist in Connecticut. 

If you believe you are a victim of medical malpractice we can help.  Contact The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.

Category: Medical Malpractice

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