Southern Baptist Hospital of Florida asks US Supreme Court to take on medical records case

Jacksonville-based Southern Baptist Hospital of Florida wants the U.S. Supreme Court to review a case involving the privacy of medical records in malpractice lawsuits, according to a report from The Ledger.

The issue stems from a malpractice lawsuit filed by the family of Marie Charles, who alleged she suffered a neurological injury from the care she received at the hospital, according to the report. The family and the hospital settled the malpractice case, but a decision regarding medical record privacy remains.

Southern Baptist Hospital filed a petition to appeal a Florida Supreme Court decision against the Jacksonville hospital system, according to the report. At issue is how federal and state laws interact — the federal 2005 Patient Safety Act, which allows hospitals some confidentiality when they submit medical error information to patient safety organizations, and a 2004 amendment to the Florida constitution, which aims to expand access to adverse medical incident reports when related to malpractice cases.

In its petition to the U.S. Supreme Court, the hospital system argued the Florida court's decision negated the effects of the federal law, forcing providers to decide between participating in patient safety activities "or creating work product that may be used against them in litigation," it wrote in the petition, according to the report.

The U.S. Supreme Court has not indicated if it will hear the case, according to the report.

Read the full story here.


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