Amendment 7 & the New Defense Strategy

The adoption of Amendment 7 to the Florida Constitution would be a denial of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, if physicians involved in a medical incident were denied the protection of the attorney-client privilege when preparing responses to Code15 reports for Peer Review with the assistance of counsel. Plaintiffs have long been able to secure the protection of the attorney-client privilege when preparing their claim for medical malpractice during the pre-suit period. Physicians too should have the exact same right to protect themselves in confidence when preparing for anticipated litigation.

Providers of health care can now employ a cost effective and confidential strategy that provides for the application of the attorney-client privilege as soon as the medical event occurs. Through the application of this method, physicians can maintain objectivity when confronting such reports and preparing responses to peer review.

To engage this process, Presley Law & Associates will provide legal representation to each physician on an annual basis for a flat fee of $1,500.00. The following is a list of services provided through the assistance of a Web interface:

:: We aid in routing all Hospital correspondence about Code15 events to our attention instead of yours to implement an early response on your behalf.

:: We provide review and legal comment on all Code15 reports which combines our legal thought with the physician's medical analysis of the case. We then transmit that combined response to the carrier and to the hospital in order to prepare for the anticipated commencement of litigation.

:: We review and respond to all requests for medical and insurance information while constantly checking for potential HIPAA violations and other privacy concerns. The aim is to prevent unauthorized disclosure and to provide early assessment for litigation potential. We can also fully represent the provider of health care's interests at peer review for an additional fee.

Retaining an attorney is an important decision. Call us for a copy of our retainer agreement and to see if our firm is right for you. A full list of the attorney’s qualifications is available upon request. A curriculum vitae is also available on this website for a summary of those qualifications.

 

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