DON B. VITUCCI, PETITIONER,
v.
FLORIDA MEDICAL CENTER, INC., D/B/A FLORIDA MEDICAL CENTER; JOHN R. GUDELIS, D.O., JOHN R. GUDELIS, D.O., P.A.; WILLIAM LEONE, JR., M.D., WILLIAM LEONE, JR., M.D., P.A.; HOLY CROSS HOSPITAL, INC., D/B/A HOLY CROSS HOSPITAL; RAUL T. APARICIO, M.D., RAUL T. APARICIO, M.D., P.A.; ROBERT J. CATANZARO, M.D., AND ROBERT J. CATANZARO, M.D., P.A., RESPONDENTS
Explore caselaw by topic → Browse Discovery Of Medical Records cases and more on FLexlaw
PER CURIAM.
The petition for writ of certiorari is denied. See Rojas v. Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla.1994).
GLICKSTEIN and FARMER, JJ., concur. WARNER, J., dissents with opinion.
WARNER, Judge,
dissenting.
I would grant the petition for writ of certiorari because the medical records sought to be discovered appear on the face of the record before us to be entirely irrelevant to the claims made. See Graphic Associates, Inc. v. Riviana Restaurant Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984). Although in this medical malpractice action petitioner is requesting future damages for pain and suffering and loss of earnings, the records sought involve a hospitalization for a drug overdose while petitioner was still a teenager, some 25 years ago. See Donahue v. Albertson’s Inc., 472 So. 2d 482 (Fla. 4th DCA 1985). Respondent has not demonstrated how these records are relevant to any claim presented. Certainly, the medical records would not tell the respondent anything about petitioner’s present condition or even his immediate past condition. Nor would they tell the respondent whether or not the condition for which he was treated continued to the present.
None of the eases cited by respondent involve a similar circumstance. The discovery of these records is more of a fishing expedition than a legitimate search for relevant evidence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Echols v. State, 660 So. 2d 782 (Fla. 4th DCA 1995)…does not apply to offenses, such as appellant’s, committed before the effective date of the statute even where a violation of probation or community control occurs after the effective date. Bradley v. State, 631 So. 2d 1096 (Fla.1994); Roffv. State, 644 So. 2d 166 (Fla. 4th DCA 1994); Webb v. State, 630 So. 2d 674 (Fla. 4th DCA 1994). The application of State v. Green, 547 So. 2d 925 (Fla.1989), controls disposition of gain time issues arising from offenses committed before the enactment of section 948.06(6)…
-
Hollingshead v. State, 846 So. 2d 627 (Fla. 4th DCA 2003)…against sending him to prison, instead choosing to continue the terms of appellant’s probation. The failure to follow routine supervisory instructions given by a probation officer is a proper ground for a violation of probation. See Roff v. State, 644 So. 2d 166, 167 (Fla. 4th DCA 1994). However, appellant argues that because there is a discrepancy between the reporting date in the affidavit of violation of probation [September 6th] and the date by which Bryant testified that she instructed appellant to rep…
-
Clark v. State, 656 So. 2d 252 (Fla. 4th DCA 1995)…unity control may be deemed to be forfeited. However, this statute is not applicable where the original crime was committed prior to October 1, 1989, the effective date of the statute. See Bradley v. State, 631 So. 2d 1096 (Fla.1994); Roff v. State, 644 So. 2d 166 (Fla. 4th DCA 1994); Webb v. State, 630 So. 2d 674 (Fla. 4th DCA 1994). For offenses committed before October 1, 1989, the applicable rule of law is that stated in State v. Green, 547 So. 2d 925 (Fla.1989). See, e.g., Webb, 630 So. 2d at 675-76; Tho…
Authorities Cited
- Graphic Assocs., Inc. v. Riviana Rest. Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984)
- Rojas v. Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla. 1994)
- Donahue v. Albertson's Inc., 472 So. 2d 482 (Fla. 4th DCA 1985)