Weaver v. Myers

The Supreme Court in this case struck certain unconstitutional language from the 2013 amendments to Fla. Stat. 766.106 and 766.1065, which authorized secret, ex parte interviews to the list of informal discovery devices to which a medical malpractice claimant seeking redress must consent, holding (1) the right to privacy in the Florida Constitution attaches during the life of a citizen and is not retroactively destroyed by death, and this constitutional protection shields irrelevant, protected medical history and other private information from the medical malpractice litigation process; (2) in the wrongful death context, standing in the position of the decedent, the administrator of the decedent’s estate has standing to assert the decedent’s privacy rights; and (3) the Legislature unconstitutionally conditioned a plaintiff’s right of access to courts for redress of injuries caused by medical malpractice, whether in the wrongful death or personal injury context, on the claimant’s waiver of the constitutional right to privacy. View "Weaver v. Myers" on Justia Law