Earlier this month, the Florida Supreme Court issued a written opinion in a case that will likely have great implications across the State. The case involved allegations of Florida medical malpractice brought by the wife of a man who died while in the defendant doctor’s care. The issue involved a discovery rule that allowed for a defendant doctor to compel the plaintiff to release the names of previous health care providers and allowed for the defendant to arrange meetings with the providers without the plaintiff or the plaintiff’s attorney present.
Ultimately, the court concluded that the plaintiff had the ability to assert her husband’s right to privacy to challenge the discovery rules and that the rules were unconstitutional because they burdened the plaintiff’s right to access the court system.
The Discovery Rules
The discovery rules at issue allowed for informal discovery, whereby the defendant could request certain information from the plaintiff. Among the information that could be requested by the defendant were the names of all previous medical care providers. A 2013 amendment to the rules also allowed for the defendant to arrange ex parte meetings with the medical care providers. The plaintiff challenged the aspect of the rules that allowed for ex parte meetings.