Weaver v. Myers

Florida statutes imposed various requirements on parties asserting a medical-malpractice claim. Before filing, a claimant had to engage a presuit-investigation expert to investigate and attest that there were reasonable grounds to believe the defendant medical provider negligently injured the claimant. The claimant was also required to provide each potential defendant with presuit notice of intent to file a claim. The notice had to list all healthcare providers seen in the two years before the alleged negligence, plus all providers seen for the complained-of injury. The claimant was also required to provide all medical records relied upon by the presuit-investigation expert and agree to an informal discovery process that allowed a defendant to obtain information via unsworn statements, written questions, document production, and physical and mental examinations. In 2013, the Florida legislature added that a claimant must execute an authorization allowing a defendant medical provider to interview the claimant’s other healthcare providers in secret and ex parte, meaning without a record and without the claimant or the claimant’s attorney being present. Emma Weaver (plaintiff) objected to that provision. Weaver’s husband received treatment from Dr. Stephen Myers (defendant) and subsequently died. Weaver, representing her husband’s estate, filed a medical-malpractice action against Myers. In the action, Weaver contended that the 2013 amendment violated a patient’s right to privacy under the Florida Constitution. The trial court and appellate court upheld the statute, reasoning that any privacy right was waived once a medical-malpractice suit placed a patient’s medical information at issue. Weaver appealed.