Despite our work in Charles versus Baptist, hospital lobbyists keep picking away at the patient safety disclosures voted for by Florida. As noted in a recent news story, the case my office handled established an important precedent (overturning the First DCA in the process).
In a key 2017 ruling in a Jacksonville case, the Florida Supreme Court ruled that a hospital was required to provide records to a family in a malpractice case because of the constitutional amendment. The 5-2 ruling overturned a decision by the 1st District Court of Appeal, which had said the federal law shielded the records.
The history of the Constitutional amendment approved by voters goes back to 2004.
The 2004 constitutional amendment passed amid fierce political fights between plaintiffs’ attorneys, doctors and hospitals about the state’s medical-malpractice laws. The amendment, titled “Patients’ Right to Know About Adverse Medical Incidents,” was spearheaded by a political committee linked to plaintiffs’ attorneys …
Here are two posts explaining our appeal in Charles v. Baptist.
Now, the industry and the First District are again attacking Florida’s constitution and the Charles precedent to make patients less safe. Here’s a link to the story out of Tally.