Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

Mealey's (November 13, 2017, 10:32 AM EST) -- TALLAHASSEE, Fla. — State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant’s physicians violate the Florida Constitution’s guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282)....