Important note: Information in this article was accurate in 2001. The state of the art may have changed since the publication date.
Associated Press - November 7, 2001
The 3rd District Court of Appeal decided state laws protecting patient privacy rights and HIV confidentiality do not allow for the release of patient information as ordered by Miami-Dade Circuit Judge Michael Chavies.
"The only way to protect the confidentiality of the patients is to protect their identities," the three-judge appeals panel wrote.
"The trial court ignored the essential requirements of the law." Donna Weston, who represents Dr. Mark Sachs, said, "This opinion really stands for the proposition that patients' names by their nature are privileged." She estimated 80 percent of Sachs' patients are HIV positive.
Sachs and his Immunecare pharmacy are being sued by Innovative Healthcare Inc., a drug wholesaler, which claims the pharmacy didn't pay its bills in full and defamed the company.
A call to Innovative's attorney was not immediately returned.
In Florida, HIV patient registries and the names of people who get HIV tests are legally confidential.
The appeals court decision closes a pretrial avenue sought by Immunecare for finding out more information about Sachs and his pharmacy.
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