In Weaver v. Myers, a Florida woman filed a medical malpractice lawsuit against a physician following the death of a loved one without first complying with the pre-suit notice requirements enumerated in Sections 766.106 and 766.1065 of the Florida Statutes. According to the woman, certain 2013 amendments to the law violated the federal Health Insurance Portability and Accountability Act (“HIPAA”) and the Florida Constitution. After both parties filed a motion for summary judgment, the trial court found that the amendments at issue were constitutional and were not preempted by the federal law.
Next, the woman filed an appeal with Florida’s First District Court of Appeal. In support of her case, the woman argued the amendments were not valid because they violated the separation of powers doctrine, violated a special legislation limitation imposed by the Florida Constitution, impermissibly burdened her access to the courts, and violated the deceased patient’s right to privacy. The woman also claimed the law was preempted by the HIPAA statute.
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