Medical Malpractice Update: Doctor-Patient Privilege After Hasan v. Garvar

In December, the Florida Supreme Court released its opinion in Hasan v. Garvar and reinforced the already expansive scope of doctor-patient confidentiality. 2012 WL 6619334 (Fla. Dec. 20, 2012); see also § 456.057(8), Fla. Stat. (2012). In the case, a patient sought treatment from two dentists. Ultimately, the patient sued the first dentist and his dental practice. The parties agreed that the subsequent treating dentist would not be a defendant, but the second dentist's insurance company still hired and paid for an attorney to meet with her before her deposition. This attorney assured the parties that only non-privileged information would be discussed. Nevertheless, the patient sought a court order prohibiting the meeting. It should be noted that the same insurance company insured both dentists and was paying both dentists' lawyers. The Florida Supreme Court determined that such meetings are forbidden.