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New MedMal Defense Thrown Out

Leon County Judge John Cooper on June 30, 2022, in a screen grab from The Florida Channel.
The Florida Channel
Leon County Judge John Cooper on June 30, 2022, in a screen grab from The Florida Channel.

A federal judge in Tallahassee has thrown out a medical-malpractice defense law passed this year that gave a  defense attorney the right to question the plaintiff's other doctors without permission, the Tampa Bay Timesreports.

U.S. District Judge Robert Hinkle issued a 17-page ruling that says such questioning -- called "ex parte" communication -- violates the federal statute that ensures patient privacy:  the Health Insurance Portability and Accountability Act, better known as HIPAA.

Update: Florida Medical Association says it will help with any appeal, and hopes to see a different opinion from one of the other federal district courts that has a similar pending case.

Originally founded in December 2006 as an independent grassroots publication dedicated to coverage of health issues in Florida, Health News Florida was acquired by WUSF Public Media in September 2012.