Emma Gayle Weaver v. Stephen C. Myers, M.d., Respondents

Summary

The Court held that the 2013 amendments requiring medical-malpractice claimants to authorize secret, ex parte interviews with treating providers violated Florida's constitutional right to privacy and impermissibly burdened access to courts. A decedent's privacy interest in medical information arising during life survives death, and the personal representative may assert it, although privacy is waived only as to information relevant to the claim. The Court severed the unconstitutional interview provisions, quashed the decision below, and remanded. CANADY, J., dissenting, joined by POLSTON and LAWSON, JJ., would have upheld the amendments as relevance-limited, optional presuit discovery that did not invade privacy or significantly burden court access.