PALM BEACH GARDENS COMMUNITY HOSPITAL, INC., D/B/A AMI PALM BEACH GARDENS MEDICAL CENTER, PETITIONER,
v.
JULIE O'BRIEN AND BRIAN O'BRIEN, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF KEEGAN PATRICK O'BRIEN, DECEASED, RESPONDENTS
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The hospital sought certiorari review of a discovery order requiring production of a list of prior complaints about two physicians' treatment of patients. The court held that Florida's medical review committee privilege under section 766.101(5) bars discovery of this information, even when a hospital's duty-to-screen claim under section 766.110(1) is alleged.
The privilege under section 766.101(5) is not excepted by allegations of violations of section 766.110(1). The court held that if the legislature intended such an exception, it would have explicitly stated one, and the court cannot create exceptions where the legislature did not provide them.
[1] Investigations, proceedings, and records of a medical review committee are not subject to discovery or introduction into evidence in any civil action against a provider o…
[2] A claim alleging a healthcare facility's failure to assure comprehensive risk management and the competence of its medical staff does not create an exception to the statu…
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Join FLexlaw to unlock all legal intelligence“The investigations, proceedings, and records of a [medical review] committee ... shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee....”
The statutory privilege that bars discovery of medical review committee records, the core issue in the case.
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Join FLexlaw to unlock all legal intelligencePlaintiffs brought a medical malpractice action against a hospital and physicians following the death of their child shortly after birth. The hospital…
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KLEIN, Judge.
Petitioner hospital seeks certiorari review of an order directing petitioner to produce a list of prior incidents in which complaints were made about two defendant physicians’ treatment of patients at the hospital. We grant certiorari.
Plaintiffs brought this action against the hospital and the physicians alleging malpractice which resulted in the death of their child shortly after its birth. The hospital objected to production of a list of prior incidents involving the defendant physicians at the hospital on the basis of Cruger v. Love, 599 So. 2d 111 (Fla.1992), in which our supreme court held that section 766.101(5), Florida Statutes (1989), precludes discovery of this information.
Section 766.101(5) provides in part:
The investigations, proceedings, and records of a [medical review] committee ... shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee....
Plaintiffs’ sole argument that their case is distinguishable from Cruger is that, unlike in Cruger, the complaint here alleges a violation of section 766.110(1), which provides in part:
All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review, and are liable for a failure to exercise due care in fulfilling these duties.
Plaintiffs rely on Tarpon Springs General Hospital v. Hudak, 556 So. 2d 831 (Fla. 2d DCA 1990), in which the court also quashed discovery of information which was privileged under section 766.101(5), but noted in a footnote that it was not addressing the applicability of section 766.110 because it was not pled or argued.
We cannot agree with plaintiffs that including a claim under section 766.110(1) makes this information discoverable. If the legislature had intended for there to be an exception to section 766.101(5) for claims brought under section 766.110(1), it would have been a simple matter for the legislature to do so. While we agree with plaintiffs that their inability to get this information will make it difficult for them to prosecute a claim under section 766.110(1), we cannot carve out an exception to the rule where the legislature did not make one.
We therefore grant certiorari and quash the order. HERSEY and PARIENTE, JJ., concur.
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Bayfront Med. Ctr., Inc. v. State, 741 So. 2d 1226 (Fla. 2d DCA 1999)…DCA 1998); Variety Children’s Hosp. v. Mishler, 670 So. 2d 184 (Fla. 3d DCA 1996); Century Medical Centers, Inc. v. Marin, 686 So. 2d 606 (Fla. 3d DCA 1996), review denied, 695 So. 2d 698 (Fla.1997); Palm Beach Gardens Comm. Hosp., Inc. v. O’Brien, 651 So. 2d 783 (Fla. 4th DCA 1995); Mount Sinai Medical Center v. Bernstein, 645 So. 2d 530 (Fla. 3d DCA 1994); Bay Medical Center v. Sapp, 535 So. 2d 308 (Fla. 1st DCA 1988). However, the report of the results of such “peer review” investigations, as contrasted…
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Brandon Reg'l Hosp. v. Murray, 957 So. 2d 590 (Fla. 2007)…DCA 1998); Variety Children's Hosp. v. Mishler, 670 So. 2d 184 (Fla. 3d DCA 1996); Century Medical Centers, Inc. v. Marin, 686 So. 2d 606 (Fla. 3d DCA 1996), review denied, 695 So. 2d 698 (Fla.1997); Palm Beach Gardens Comm. Hosp., Inc. v. O’Brien, 651 So. 2d 783 (Fla. 4th DCA 1995); Mount Sinai Medical Center v. Bernstein, 645 So. 2d 530 (Fla. 3d DCA 1994); Bay Medical Center v. Sapp, 535 So. 2d 308 (Fla. 1st DCA 1988). 741 So. 2d at 1229 (emphasis added).…
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Century Med. Ctrs., Inc. v. Angel B. Marin, M.D., 686 So. 2d 606 (Fla. 3d DCA 1996)…se, it is particularly pertinent, at least for discovery purposes, for Dr. Marin to find out if there were patients who complained about him. Century relies on the Fourth District decision in Palm Beach Gardens Community Hospital, Inc., v. O’Brien, 651 So. 2d 783 (Fla. 4th DCA 1995). In that case plaintiffs sued the defendant hospital and defendant physicians for the death of their child while in the hospital’s care. Plaintiffs sought a list of prior incidents at the hospital involving the same physicians. F…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parrado v. State, 599 So. 2d 111 (Fla. 1992)
- Elois Posey Cruger v. Douglas J. Love, M.D., 599 So. 2d 111 (Fla. 1992)
- C.L.B. v. State, 556 So. 2d 831 (Fla. 2d DCA 1990)