Signed by Governor Rick Scott

Vote Smart's Synopsis:

Vote to pass a bill that amends expert witness and disclosure requirements in a medical malpractice lawsuit, effective July 1, 2013.

Highlights:

• Requires a health care provider acting as an expert witness in a medical negligence claim to meet certain criteria, including but not limited to, the following criteria (Sec. 2):
• The expert witness specializes in the same specialty as the health care provider against whom or on whose behalf the testimony is being given: and
• The expert witness practiced, instructed, or performed clinical research in that specialty in the 3 years prior to the alleged medical negligence in question.

• Authorizes a health care provider to disclose a patient’s medical records if the provider is in 1 of the following situations (Sec. 1):
• The provider is or expects to be named as a defendant in a medical negligence claim; or
• The provider is or expects to be deposed, called as a witness, or receive a formal or informal discovery request for a medical negligence claim.

• Authorizes a prospective defendant or his or her attorney to interview the plaintiff’s treating health care providers about protected health information without the plaintiff or the plaintiff’s attorney present, if the plaintiff signs an information release form (Secs. 3 & 4).

• Rep. Jason Brodeur and Rep. Bill Hager both voted “Yea” after the roll call.

• Rep. Hazelle Rogers voted “Nay” after the roll call.

• Rep. Darryl Rouson and Rep. Alan Williams are not listed on the vote breakdown because their votes do not accurately reflect their intention; they initially voted 'Yea' and changed their vote to 'Nay' after the roll call.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends expert witness and disclosure requirements in a medical malpractice lawsuit, effective July 1, 2013.

Highlights:

• Requires a health care provider acting as an expert witness in a medical negligence claim to meet certain criteria, including but not limited to, the following criteria (Sec. 2):
• The expert witness specializes in the same specialty as the health care provider against whom or on whose behalf the testimony is being given: and
• The expert witness practiced, instructed, or performed clinical research in that specialty in the 3 years prior to the alleged medical negligence in question.

• Authorizes a health care provider to disclose a patient’s medical records if the provider is in 1 of the following situations (Sec. 1):
• The provider is or expects to be named as a defendant in a medical negligence claim; or
• The provider is or expects to be deposed, called as a witness, or receive a formal or informal discovery request for a medical negligence claim.

• Authorizes a prospective defendant or his or her attorney to interview the plaintiff’s treating health care providers about protected health information without the plaintiff or the plaintiff’s attorney present, if the plaintiff signs an information release form (Secs. 3 & 4).

• Rep. Jason Brodeur and Rep. Bill Hager both voted “Yea” after the roll call.

• Rep. Hazelle Rogers voted “Nay” after the roll call.

• Rep. Darryl Rouson and Rep. Alan Williams are not listed on the vote breakdown because their votes do not accurately reflect their intention; they initially voted 'Yea' and changed their vote to 'Nay' after the roll call.

Full Bill Text