Murphy v. Dulay, et al., No. 13-14637 (11th Cir. 2014)Annotate this Case
Plaintiff, a Florida resident, wanted to file suit against his doctor for medical negligence. Before filing suit, plaintiff had to comply with Florida's presuit requirements. At issue was whether the presuit authorizations in Fla. Stat. 766.1065, requiring that plaintiff execute a written authorization form for release from protected health information, is preempted by the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. 164.508, 164.5. The court concluded that the written authorization form required in section 766.1065 fully complied with HIPAA and, therefore, there was no federal preemption of section 766.1065. The court reversed the judgment of the district court holding otherwise.