Privacy Professional Malpractice Civil Procedure

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A Federal Court Holds HIPAA Preempts A Florida Medical Malpractice Pre-Suit Requirement

Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,...more

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

A Huge Win for Your Right to Privacy!

On July 1st, Dana Brooks and Jimmy Fasig filed a complaint in the Northern District Federal Court asking the court to find unconstitutional a newly enacted Florida Statute that allows insurance companies and their attorneys...more

HIPAA Violation Results in $1.44 Million Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and...more

Doe v. Dulay

Complaint For Declaratory And Injunctive Relief

On June 5, 2013, Florida Governor Rick Scott signed into law Senate Bill 1792, which allows for “ex parte communications” in medical negligence cases. Ex parte communications are private conversations about a patient’s...more

Legal Dilemmas of Social Networking, Part 3: Deceptive Practices and Ethical Concerns

As I stated in Parts 1 and 2 of this series, these posts are based on the day-long conference entitled Social Networking: Friends or Foes? (now on MP3) hosted by the Samuelson Law, Technology & Public Policy Clinic, the...more

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