Florida Supreme Court Tosses Out Medical Malpractice Changes In Local Case
November 10, 2017
Saying that changes approved by lawmakers “have gashed Florida’s constitutional right to privacy,” a sharply divided Florida Supreme Court on Thursday rejected parts of a controversial 2013 medical-malpractice law.
The ruling, which overturned a decision by the 1st District Court of Appeal, came in an Escambia County case. The plaintiff, North Escambia resident Gayle Weaver , contemplated filing a medical-malpractice lawsuit against physician Stephen Myers but was concerned about the constitutionality of the ex-parte change, according to court documents. Weaver was the wife of the late Thomas E. Weaver, whose care was at issue in the malpractice allegations. Justices, in a 4-3 decision, said the 2013 law — which involved an issue known as “ex parte” communications between doctors and defense attorneys — could lead to the disclosure of patients’ private health information that is unrelated to malpractice cases.
The law dealt with the process in which defense attorneys gather information in medical-malpractice disputes and their conversations with doctors who treat plaintiffs for reasons unrelated to the alleged malpractice. The 2013 law would allow such conversations, at least in certain circumstances, to occur outside the presence of the plaintiffs’ attorneys.
Opponents of the law argued that such “ex parte” communications could lead to violations of patient privacy.
“Even the possibility that a person’s extremely sensitive private medical information will be exposed is the type of governmental intrusion that the Florida Constitution protects against because it is impossible to know if an inadvertent disclosure occurred when the meetings are not only ex parte and without a judge, but also secret without a record,” Justice R. Fred Lewis wrote in Thursday’s 50-page majority opinion striking down the parts of the law. “In the case of protected medical information, the danger is uniquely and unconstitutionally great because once the bell has been rung, it cannot be unrung.”
Lewis was joined in the majority by Chief Justice Jorge Labarga and justices Barbara Pariente and Peggy Quince.
But Justice Charles Canady, in a dissent joined by justices Ricky Polston and Alan Lawson, disagreed that the 2013 changes violated the constitutional right to privacy and described the majority opinion as an “unwarranted interference with the Legislature’s authority.” Canady also said nothing in the law allowed disclosure of irrelevant medical information during ex parte conversations.
“In short, medical malpractice claimants waive whatever constitutional privacy rights they may have in relevant medical information,” Canady wrote. “Because the 2013 amendments do not in any way authorize the discussion of irrelevant medical information, medical malpractice claimants have no constitutional right to prevent the ex parte meetings.”
The 2013 law was part of a years-long political fight between groups such as doctors and plaintiffs’ attorneys about the medical-malpractice system. Supporters of the law argued, in part, that allowing ex parte communications could lead to more information about malpractice claims and help resolve cases before they go to trial.
As part of the ruling, Lewis also wrote that the majority was making clear that the privacy rights of people who have died are protected.
“Death does not retroactively abolish the constitutional protections for privacy that existed at the moment of death,” Lewis wrote. “To hold otherwise would be ironic because it would afford greater privacy rights to plaintiffs who survived alleged medical malpractice while depriving plaintiffs of the same protections where the alleged medical malpractice was egregious enough to end the lives of those plaintiffs.”
by Jim Saunders, The News Service of Florida
Century Honors Veterans (With Photo Gallery)
November 10, 2017
The Town of Century held a program to honor veterans Thursday afternoon at the Century Community Center. The program featured patriotic music from the Byrneville Elementary School choir, the presentation of the colors and an American flag folding demonstration by the Northview High School Naval JROTC. Guest speaker was Century resident Sgt. Major Hal Carnley who retired with 31-years military service.
For a photo gallery, click here.
NorthEscambia.com photos, click to enlarge.
Let’s Sing America: Bratt Elementary Veterans Day Program (With Gallery)
November 10, 2017
Bratt Elementary School presented “Let’s Sing America”, a special Veterans Day program, Thursday.
NorthEscambia.com photos, click to enlarge.
Northview Holds Veterans Program (With Photo Gallery)
November 10, 2017
Northview High School honored veterans Thursday with their annual Veterans Day program.
The guest speaker was Captain Chuck Kicker USN (ret) who served for 30 years as a Navy Surface Warfare Officer. He has continued his service to our country as a federal civil service employee and is currently the Executive Director of the Center of Naval Aviation Technical Training (CNATT), training future Sailors and Marines.
The event also included essay readings, a flag folding detail by the Northview NJROTC and special recognition of veterans.
For more more photos, click here.
NorthEscambia.com photos, click to enlarge.
Escambia Man Convicted In Deadly Traffic Crash
November 10, 2017
An Escambia County man fleeing from sheriff’s deputies has been convicted of causing a deadly traffic crash.
Michael Deshon Daniel of Pensacola was convicted by an Escambia County jury of vehicular homicide and leaving the scene of the accident, fleeing to elude law enforcement resulting in a crash causing death, driving while license suspended and resisting an officer without violence.
On January 13, 2017, Michael Deshon Daniel refused to pull over for a traffic stop initiated by an Escambia County Sheriff’s deputy when he was observed rolling through the stop sign located at the intersection of “P” and Brainerd Streets. In-car video from the patrol cruiser shows Daniel accelerating away and swerving around traffic. The deputy did not pursue Daniel. However, Daniel continued to drive at a high speed until he ran the stop sign at the intersection of “P” and Blount Streets. Upon entering the intersection, Daniel crashed into a Dodge Caravan carrying a family of four one block away from their destination.
All were injured in the crash and the injuries to the driver proved fatal. The victim passed away two days after the crash.
Daniel tried to run from the scene of the crash but was captured in a foot chase. At trial, the defendant claimed he was the passenger in the vehicle but DNA evidence proved otherwise. Data recovered from his vehicle revealed that he was traveling 68 mph at the time of impact. The speed limit in the residential area is 25 miles per hour. Daniel’s driver’s license has been revoked since 2008.
Daniel is scheduled to be sentenced by Circuit Judge John Miller on December 14. The guideline sentence recommendation in this case calls for a minimum sentence of 14.8 years in state prison. The maximum possible sentence would be 60 years.
Bratt’s Doughnut Boy Featured On CBS Evening News
November 10, 2017
Bratt’s very own “Donut Boy” Tyler Carach was featured in a report Thursday night on the national “CBS Evening News”.
Tyler, 10, and his mother Sheena, who is a former police officer, created the “I DONUT need a reason to THANK a cop” program. Since buying doughnuts for four Escambia County deputies at a Bratt convenience store last August, Tyler has taken his mission on the road, providing doughnuts for law enforcement agencies across the country.
He recently completed a 10-day, 6,000 mile journey using doughnuts to thank law enforcement officers in several states, including officers in Las Vegas shortly after the mass shooting massacre. So far, he’s passed out about 34,000 doughnuts.
CBS News report Mark Strassmann caught up with Tyler, who is a student at Byrneville Elementary School, in Houston during his 10 day trip.
To view the CBS Evening News report, click here.
Images courtesy CBS News.
Ernest Ward Middle Basketball Defeats Jay, Pollard McCall
November 10, 2017
The Ernest Ward Middle School basketball program earned wins this week against Jay on Tuesday and Pollard McCall Thursday evening.
BOYS
Ernest Ward 51, Pollard McCall 45
Ernest Ward 38, Jay 36
GIRLS
Ernest Ward 31, Pollard McCall 13
Ernest Ward 26, Jay 20
Ernest Ward Middle will host Brewton on Monday. The girls play at 5:00, and the boys tip off at 6:00 in Walnut Hill.
Pictured: Ernest Ward defeated Pollard McCall Thursday evening. Submitted photos for NorthEscambia.com, click to enlarge.
Bicyclist Hit By Vehicle In Century
November 9, 2017
A bicyclist was hospitalized after being struck by a vehicle Wednesday evening in Century.
The bicyclist was reportedly on the roadway on West Highway 4 near Century Health and Rehabilitation Center when the motorized bicycle on which he was riding was struck from behind by a car. The bicyclist was ejected onto the vehicle’s windshield and onto the roadway.
The rear of the bicycle became lodged inside the front of the vehicle and remained upright.
The bicyclist was transported by Escambia County EMS to Sacred Heart Hospital in Pensacola. An update on his condition was not available, but his injuries were not believed to be life threatening. The elderly female driver of the car was not injured.
The accident remains under investigation by the Florida Highway Patrol. Further details have not been released.
NorthEscambia.com photos, click to enlarge.
Another North Escambia Bridge Closed, One Opened; Two More Opening Soon
November 9, 2017
Another North Escambia bridge was closed Wednesday, as another opened and two others approach opening dates.
After a failed inspection, the bridge on Arthur Brown Road at Freeman Springs Branch, between Pine Forest and Pineville road was closed Wednesday. [More...]
Meanwhile, the Crabtree Church Road bridge over Alligator Creek, west of Sunshine Hill Road, was reopened.
Two other bridges that have been closed for months are expected to reopened soon, but one will be just a temporary bridge.
A temporary bridge on Arthur Brown Road over Boggy Creek, near the Walnut Hill Baptist Church, is expected to be completed by the weekend, pending weather and material availability. The temporary bridge is in place and approaches paved. Temporary striping and concrete barriers must be installed before the opening. The bridge was closed in September after failing inspection, after work started at the location in July to construct a temporary road and bridge in order to construct a new permanent bridge.
And Escambia County officials said Wednesday that the Molino Road bridge over Penasula Creek, just east of Sunshine Hill Road, is scheduled to be completed during the first week of December. It has been closed since January 3.
Pictured top: A temporary bridge on Arthur Brown Road over Boggy Creek. Pictured below: The Molino Road bridge over Penasula Creek. NorthEscambia.com photos, click to enlarge.
Financial Literacy Requirement Considered For Students
November 9, 2017
Florida senators are renewing a push to require high-school students to pass a financial-literacy course before graduation, though at least two lawmakers are concerned about students being squeezed for time during the school day.
The proposed requirement, long championed by Senate Education Chairwoman Dorothy Hukill, R-Port Orange, was unanimously approved Wednesday by a Senate budget panel and appears to be moving quickly as lawmakers prepare for the January start of the 2018 legislative session.
Senators unanimously passed a financial-literacy bill during the 2017 session, but it died in the House.
Under the bill (SB 88) approved Wednesday by the Senate Pre-K-12 Education Appropriations Subcommittee, high-school students would be required to pass a half-credit course that would include instruction in issues such as bank accounts, credit cards, loan applications and insurance policies. The requirement would take effect for students entering ninth grade next year.
“The reason for doing this, obviously, is that we want to provide our students with financial management skills and the knowledge that is needed so they can achieve financial stability and independence, especially as they move on out of high school and either enter the workforce or continue on with their education,” Hukill said. “They’re all going to be faced with things like probably getting a credit card, signing a lease, computing interest. And these are the kind of things that this bill would require to be taught to our students.”
But two senators, while supporting the bill, expressed concern that the requirement would further reduce the amount of time that students have for other subjects. To accommodate the half-credit course in financial literacy, the bill would lead to a half-credit reduction in the required number of electives.
“This is one-half credit less for electives, and that generally means art and music,” said Sen. Bill Montford, a Tallahassee Democrat who works as chief executive of the Florida Association of District School Superintendents. “And the underlying issue of all of this is that we are still stuck on a 180-day school year for basically seven hours a day. At some point, I think we as a Florida Legislature have to address the issue, are 180 days, seven hours a day, is that enough for what we expect our children to be exposed to in an education?”
Similarly, Sen. Gary Farmer, D-Fort Lauderdale, said he supports Hukill’s bill but hopes lawmakers will look at expanding the school day.
“I had a bill last year for health education, something that I also think is very needed for our young kids,” Farmer said. “And we just don’t have enough time in the day for all these extracurricular matters that we would like to include.”
But Hukill said students have numerous options in taking electives, many of which are half-credit courses. She also said financial-literacy courses should be separate from economics courses.
“I think this course needs to be a stand-alone course, and that’s the movement throughout the country,” Hukill said.
by Jim Saunders, The News Service of Florida