Access to these records became an issue in Florida after a patient suffered neurological injuries and permanent damage after being treated at the Southern Baptist Hospital of Florida, Inc. in Jacksonville. The patient's lawyers filed a lawsuit and requested records from the hospital regarding her injuries. The hospital released just some of her records and withheld others, citing the Patient Safety and Quality and Improvement Act of 2005, which is a federal law. This act stipulates that certain medical records are unavailable to plaintiffs in medical malpractice cases because to release those records would create fear for healthcare providers that their words may be utilized against them in court, thereby preventing open communication in health care.
The trial court initially ruled for the plaintiff and stated that the requested records must be provided by the hospital. The hospital appealed that ruling stating the federal law took precedent in the case and allows for hospitals to legitimately refuse to release records. The appeals court ruled in favor of the hospital noting if there is any contradiction between federal and state law, the federal law prevails.
In order to reverse this opinion, attorneys for the plaintiff can appeal to the Supreme Court. In the event the Supreme Court rules on this issue, then the law would employ throughout the U.S. However, this may take some time because the process of appealing to the Supreme Court normally takes several years.
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