Florida’s controversial medical malpractice law is in the hands of a skeptical Florida Supreme Court after justices spent part of Thursday morning grilling a South Florida defense attorney.
Conservative lawmakers argued three years ago the measure was needed to stem a tide of frivolous lawsuits. But Chief Justice Jorge Labarga wonders whether the state can force victims to grant nearly unfettered access to their medical histories.
“We have this principle called the unconstitutional condition doctrine, where basically it says, that a person should not be required to give up one right in order to obtain another. And here, you’re asking this person to give up her right to privacy, so they can exercise their right to maintain an action in our courts.”
The review comes when tensions are high between the Supreme Court and the Legislature. House Speaker Richard Corcoran is railing against an “activist” court and demanding judicial term limits.
