Florida medical community challenges Amendment 7 state law that gives patients access to malpractice records

August 12, 2008 – Florida hospitals and doctors are now battling in federal court to keep records of medical malpractice errors out of public view, the Herald Tribune reported last week.

The fight is over Amendment 7, a referendum that passed with 81 percent of the vote in 2004 and became part of the state constitution. It gives patients “access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.”

A ruling by Florida’s Supreme Court in March seemed to settle the matter. In a 4-3 decision, justices dismissed challenges by doctors and hospitals.

But on July 10, in U.S. District Court in Tallahassee, hospitals and doctors sued three state agencies that they said are responsible for enforcing the law: the Department of Health, Agency for Health Care Administration and the Attorney General's Office.

The suit argues that federal laws on medical privacy supersede state laws.

When a man puts his trust in a hospital and surgeon, and that trust is betrayed, a malpractice lawyer can be his best protector.

Injured patients and their family members who suspect medical malpractice are urged to contact the law firm of Weitz & Luxenberg, P.C. – the largest personal injury law firm in New York.

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