Earlier this month, the state’s Supreme Court issued a Florida medical malpractice opinion that will likely have a great impact moving forward. The case required the court to consider a patient’s right to privacy following an alleged medical malpractice event. Specifically, it addressed whether the patient loses their right to privacy in certain medical records once the patient dies. The court ultimately held that a patient’s right to privacy survives after death and may be asserted by a family member bringing a Florida wrongful death lawsuit.
The Facts of the Case
The plaintiff was the surviving spouse of a man who died while in the care of the defendant physician. The plaintiff filed a medical malpractice lawsuit against the defendant doctor, and in response, the doctor requested certain medical records pursuant to the rules of discovery.
The particular rules of discovery invoked by the defendant required the plaintiff to disclose all of the health care providers that her husband saw in the years leading up to his death. Furthermore, the rules actually allowed for the defendant to have secret meetings with the medical care providers in the absence of the plaintiff or her attorney.