Limitations on the Release of Protected Health Information in Medical Negligence Cases

Plaintiffs must now accompany their presuit notice of intent to initiate litigation for a medical negligence case with an authorization for the release of protected health information in the form specified by newly created Fla. Stat. § 766.1065. This authorization will limit the disclosure of the protected health information to that information that is "potentially relevant" to the claim of personal injury or death. If the presuit notice does not accompany the authorization, the notice is void. Should the plaintiff revoke the authorization after filing of the presuit notice, the notice will be deemed retroactively void from the date it was issued.

Additionally, Fla. Stat. § 766.206 has been amended to provide that if the court finds that the authorization accompanying the notice of intent is not completed in good faith by the claimant, the court must dismiss the claim. This will subject whoever mailed the notice of intent, either the claimant or the claimant's attorney, to be personally liable for all attorney's fees and costs of the claim's investigation and evaluation.


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