In Weaver, a plaintiff lodged constitutional challenges to 2013 amendments to the medical malpractice presuit notice statute, specifically amendments (1) allowing for ex parte interviews between potential defendants and the potential claimant’s treating health care providers, and (2) requiring the potential claimant to sign a waiver of federal privacy protection for certain medical information prior to initiating a medical malpractice suit. The Florida Justice Reform Institute and the Florida Medical Association filed a joint amicus curiae brief, arguing that these provisions promote the statute’s overall objective of encouraging the settlement of meritorious medical malpractice claims without resort to litigation, and that these provisions do not violate the constitution. The First District Court of Appeal rejected all the plaintiff’s arguments and upheld the amendments. The Florida Supreme Court overruled the First DCA upon review.
FJRI represented by Mark K. Delegal and Stephen H. Grimes of Holland & Knight LLP, and William W. Large.