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TALLAHASSEE, Fla. — The Florida Supreme Court on Thursday certified the constitutionality of a ballot amendment that would raise.


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Proposed amendments to the Florida Constitution may be made by a joint resolution of the Florida Initiative Petition Handbook (Update for in progress).


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7. Constitution.—The Secretary of State shall immediately submit an. 8 initiative receipt of a proposed revision or amendment to the State.


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On November 2, , Florida voters passed Constitutional Amendment 7, also known as the “Patient's Right to Know About Adverse Medical Incidents”.


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On November 2, , Florida voters passed Constitutional Amendment 7, also known as the “Patient's Right to Know About Adverse Medical Incidents”.


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Proposed amendments to the Florida Constitution may be made by a joint resolution of the Florida Initiative Petition Handbook (Update for in progress).


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All of the amendments passed,6 including Amendment 7, which is codified in the Florida Constitution at Article X, Section It is Amendment 7.


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7. Constitution.—The Secretary of State shall immediately submit an. 8 initiative receipt of a proposed revision or amendment to the State.


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All of the amendments passed,6 including Amendment 7, which is codified in the Florida Constitution at Article X, Section It is Amendment 7.


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On November 2, , Florida voters passed Constitutional Amendment 7, also known as the “Patient's Right to Know About Adverse Medical Incidents”.


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florida amendment 7 2020

It is a basic legal construct: federal law trumps state law. Charles, So. Thomas as authority to find that Amendment 7 also expressly eliminated the attorney work product privilege in Florida malpractice cases for "fact work product" — and to imply that Amendment 7 might also have eliminated the privilege for "opinion work product" and for attorney-client communications. Supreme Court denied a petition for certiorari for Charles , and it became the law of Florida, apparent preemption interpretation and all. This drove many physicians out of Florida to friendlier states with some form of cap or other limitation on liability in medical malpractice cases. Thomas, So. Health Law. Florida Health Sciences Center, Inc. Then, in , the U. The trial court ruled that incident reports, including the one involving the plaintiff, had to be produced. However, navigating Amendment 7 and the PSQIA is still hazardous territory and requires serious, concerted planning and effort. Azar can now be cited by healthcare facility defendants in future cases, in jurisdictions where PSQIA protections have been challenged to date. Smith, M. The hospital petitioned the state's First District Court of Appeal to quash the ordered production, which was granted. District Court for the Middle District of Florida appears to have recently righted the ship a bit, however, in a decision issued in Florida Health Sciences Center, Inc. The report received widespread praise 2 from healthcare providers for its conclusion that the solution was to change what the report characterized as a culture of shame and blame that surrounds the identification, reporting and correction of these errors. And yet, for Florida medical malpractice attorneys, that precept has been challenged in the past several years. A healthcare facility can only obtain the confidentiality and privilege protections under the PSQIA by working with a federally approved PSO listed at this website. The definition of "adverse medical incident" was quite broad, including any event which did or could have caused loss, injury or damage to any patient. Donald A. Laws Ch. The documents requested by plaintiff Jean Charles, Jr. In response, then-Governor Jeb Bush created a special task force to travel the state and investigate the crisis, making recommendations to the Florida Legislature for tort reform. Azar amounts to a significant victory for hospitals and health systems in Florida. Close Search Submit Clear. Azar It is against this backdrop that the U. Azar on September 5, The result is a much clearer legal situation for Florida hospitals and other healthcare providers as to when the data they collect to do the important work of improving patient safety is considered privileged and protected from discovery during litigation. Earl Googe, Jr. The decision ends that, and should be used by every hospital and health system attorney who continues to fight against Florida Amendment 7 document requests and the use by plaintiffs of the Charles and Edwards cases to persuade state court judges to order hospitals to disclose their PSWP. Florida Senate Bill No. Googe can be reached at egooge smithhulsey. There were two other state constitutional amendments on the November ballot that had an impact on healthcare providers in Florida. Their ability to protect information critical to improving patient safety from discovery in litigation seemed to be gone. With this TGH decision, there now is clarity on how hospitals can protect those records. Lawrence Brawley v. This adds to the growing discourse on the PSQIA, perhaps paving the way for increased consistency between jurisdictions in the future on the matter. Search ABA. Around the same time in Florida, there were some substantial medical malpractice verdicts, especially in cases against physicians in high-risk specialties. In fact, as the case was pending in district court, TGH was held in contempt by the state court judge for refusing to turn over the PSWP at issue. This basis for rejecting federal preemption was without any citation to authority. Kaiser Health Plan , No. In , the U. The Charles case then went before the Florida Supreme Court, based on its jurisdiction over any lower court decision finding any part of the state constitution invalid. It also serves as a guidepost for other states confronting similar conflicts between the federal PSQIA and state law. Southern Baptist Hospital of Florida, Inc. TGH was between a rock and a hard place: If it produced the documents, the hospital was subject to sanction under the PSQIA; and if it did not, TGH was subject to sanction for contempt in the state court. To the extent this is inconsistent with any state law, including court decisions, the Federal statute preempts such state law or court order. Charles v. Edwards v.

Skip to content. All of the amendments passed, 6 including Amendment 7, which is codified in the Florida Constitution at Article X, Section Amendment 7 has been held to apply without regard to the broadness or burdensomeness of the request for records.

The U. The Patient Safety [and Quality Improvement] Act upon which the final regulation is based makes patient safety work florida amendment 7 2020 continue reading and privileged.

See for example, Tibbs v. About the Author Earl Googe, Jr.

See Treaster, Joseph B. This was a true Hobson's choice. The Middle District of Florida issued its decision on September 5, This was the first time a federal court sitting in Florida had interpreted this federal law and its interaction with Florida Amendment 7.