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WEAVER v. MYERS

No. 1D14-3178.

170 So.3d 873 (2015)

Emma Gayle WEAVER, individually, and as Personal Representative of the Estate of Thomas E. Weaver, deceased, Appellant, v. Stephen C. MYERS, M.D., West Florida Specialty Physicians, LLC d/b/a West Florida Cardiovascular and Thoracic Surgery and d/b/a and a/k/a West Florida Medical Group, and West Florida Regional Medical Center, Inc. d/b/a West Florida Hospital, Appellees.

District Court of Appeal of Florida, First District.

July 21, 2015.

Attorney(s) appearing for the Case

Robert S. Peck , Center for Constitutional Litigation, P.C., Washington, DC, and Virginia M. Buchanan and W. Cameron Stephenson of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Penscacola, for Appellant.

Philip M. Burlington and Adam J. Richardson of Burlington & Rockenbach, P.A., West Palm Beach, for Amicus Curiae Florida Justice Association, in support of Appellant.

Mark Hicks and Erik P. Bartenhagen of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Appellees.

Mark K. Delegal and Stephen H. Grimes of Holland & Knight LLP, Tallahassee, and William W. Large , Florida Justice Reform Institute, Tallahassee, for Amicus Curiae Florida Justice Reform Institute, and Jeffery Michael Scott, Florida Medical Association, for Amicus Curiae Florida Medical Association, in support of Appellees.

Pamela Jo Bondi , Attorney General, Allen Winsor , Solicitor General, and Adam S. Tanenbaum , Chief Deputy Solicitor General, Tallahassee, for Amicus Curiae State of Florida, in support of Appellees.

Appellant challenges the validity of certain 2013 amendments to the medical malpractice presuit notice sections of the Florida Statutes: sections 766.106 and 766.1065. These amendments in pertinent part allow for presuit ex parte interviews between potential defendants and the potential claimant's treating health care providers and require...

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