When a person dies due to substandard medical care, an estate representative may file a lawsuit to seek recovery of monetary losses against the party or parties deemed responsible for the death. Such medical malpractice situations are often complicated and best addressed alongside competent and experienced guidance. A case outside Texas has run into some challenges surrounding whether the defense has the right, ex parte, to view private information regarding the decedent's health records.
The plaintiffs in the 2013 claim requested the state Supreme Court's intervention regarding part of a law that allows doctors' defense attorneys to access patient health records during the process of medical malpractice claims against them. Many opposed to the law believe it is a clear violation of patients' privacy rights. Those who support it say it is only fair that attorneys on both sides of an issue be privy to the same information, information that is already available to the plaintiff.
The Florida Supreme Court is scheduled to hear arguments in this case. The estate representative who filed the initial claim after the patient had died, appealed after a state court of appeal upheld the constitutionality of the ex parte communications law. Opening arguments in this situation are slated for Dec. 8.
When extenuating circumstances arise in medical malpractice lawsuits, successful outcomes often hinge on the quick thinking of experienced personal injury attorneys. In Texas, many people have obtained fair settlements, as well as jury verdicts after losing loved ones due to medical negligence. It is typically best to place a call to an attorney as soon as possible since personal injury claims typically include statutes of limitation regarding the time span between an injury/death and the filing of a claim.
Source: CBS Miami, "Justices Set Arguments In Medical Malpractice Dispute", Aug. 30, 2016