New Law Regarding Medical Malpractice in Florida

March 16, 2017 | dev
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The Supreme Court in Florida has passed a new law that all hospitals must show records in any medical malpractice cases. The Supreme Court said that a constitutional amendment of 2004 includes a requirement of providing the medical records to the family of the patient.

This aims to ensure the family of the victims are given all the proof in order for them to be fully satisfied. If a hospital fails to do so or the records show otherwise, then they can proceed with any further actions.

The family of a woman had filed a claim against a hospital in Plant City, Florida citing neurological injuries. They claimed that the hospital’s medical practitioner was negligent in providing the woman proper medical care which resulted in her injuries. The administration of the hospital said that they didn’t have to submit any medical records or documents because of a 2004 federal law that ensures that hospitals get confidentiality if they turn over the information of any medical error on their own volition. The Supreme Court said that this law doesn’t forestall the requirements of the state for getting any medical information to be disclosed.

A medical malpractice attorney in Tampa stated that this was a crucial ruling for the patients. This is because if they suffer from any injuries due their treatment by the doctors and the hospital, they have the full right to have access to their medical records so that they are given their due compensation.

Patient safety is of utmost importance according to one of the judges in a Florida court and it should be ensured that the patient and their family are fully satisfied.

Another court Justice said that she expected the law to make the health care system better and improve quality and not to just provide protection to irresponsible medical practitioners. Many other judges have voiced the same opinions on this new ruling.

This new law works in favor for the both the patients and the medical practitioners. But since there could be discrepancies in details that can be overlooked, justice could work in favor of the wrong party. Doctors, nurses and other medical practitioners (such as paralegals) can act irresponsibly and be shielded from this because the court cannot take any action against them until they produce the medical records. Sometimes medical records don’t show everything and that could work against the patient. Alternatively, there are many patients who, despite the best efforts and no mistakes by the doctors, still suffer from inevitable injuries or health risks. These patients then take the advantage of the law and file a lawsuit against the medical practitioners, resulting in them to have their medical license and reputation in jeopardy.

But there are people on both sides of the spectrum who don’t view this law in favor for them therefore they have their reservations. This could delay justice to any of the parties and like they say justice delayed is justice denied. But the majority of the people are tilting towards the safety of the patients because this doesn’t improve the healthcare system in anyway. If anything, it just makes it more lax. Medical insurance was a hassle as it is and this new ruling doesn’t pass in favor for them either. But since Florida doesn’t restrict any damage caps for people so if it is proven that the patient has actually suffered from injuries or loss, he/she will be given the due compensation.

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