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Med Mal News
Judge: FL Law Compelling Permission for Ex Parte Interviews Oversteps
U.S. District Judge Robert Hinkle has issued an injunction against imposition of the dictates of a Florida law which says that those planning to sue for medical malpractice must first agree to permit their health care providers to be interviewed by the defense outside the presence of the plaintiff's attorney. The rationale for the law, which took effect on July 1, is that if defense counsel have the whole story from a plaintiff's medical care providers they will be in a better position to determine early on whether settlement is the best option. The judge was not against encouraging settlement but explained his objection to the law: “It is virtually certain that if an ex parte interview occurs, private information otherwise protected from disclosure by federal law … will be disclosed.”
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