Can Out-of-State Physicians Be Sued in Florida When Their Medical Reports Are Later Used Here? The Florida Supreme Court Is About to Decide

The Florida Supreme Court is set to hear oral arguments on May 7, 2026, in a case that could reshape the legal landscape for physicians who treat patients across state lines. The case, Thorpe v. Memorial Sloan-Kettering Cancer Center, et al., presents the question of whether out-of-state physicians can be sued in Florida courts for medical malpractice where their medical records and diagnostic reports are later used by Florida healthcare providers.

The Case

The case arises from a medical malpractice action filed in Orange County involving Jennifer Palmer, a Florida native who received cancer treatment at Memorial Sloan-Kettering in New York. After returning to Florida, medical and diagnosis reports written by her New York doctors were used during her treatment in Florida. Palmer passed away in 2021. The central question is whether a Florida court can exercise personal jurisdiction over out-of-state physicians whose medical reports are later used by healthcare providers in Florida.

The Sixth District Court of Appeal held that these circumstances did not establish jurisdiction over the out-of-state physicians, ruling that the writing of a medical report does not constitute “processing,” “servicing,” or “manufacturing” the report under Florida's long-arm statute, Section 48.193(1)(a)(6)(b), Fla. Stat. However, a different Florida appellate court reached the opposite conclusion in 2001 in Dean v. Johns, 789 So. 2d 1072 (Fla. 1st DCA 2001). The Sixth DCA acknowledged that its holding is irreconcilable with Dean and certified a direct conflict. The Florida Supreme Court accepted jurisdiction to resolve the court split.

The Stakes

The stakes extend well beyond the parties involved. The American Medical Association and Florida Medical Association filed an amicus brief warning that if the Supreme Court reverses and allows jurisdiction, out-of-state specialists "may be compelled to stop assisting Florida physicians to avoid the costs of such liability." The Supreme Court's decision will provide much-needed clarity on the reach of Florida's long-arm statute as it applies to out-of-state healthcare providers. We will provide an update when the Court issues its decision.