ORNDA HEALTHCORP, A FOREIGN CORPORATION, D/B/A PARKWAY REGIONAL MEDICAL CENTER, PETITIONER,
v.
BRADLEY BERGHOF, ET AL., RESPONDENT

Fla. 3d DCA | 1998-12-30
No. 98-2360
Before JORGENSON, LEVY and FLETCHER, JJ.
722 So. 2d 961 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Ornda Healthcorp, d/b/a Parkway Regional Medical Center, appeals from an Order mandating that it release credentialing material, to-wit: the doctor’s application for staff privileges and an application for malpractice insurance, to plaintiffs. We grant certiorari. Section 766.101(5), Florida Statutes, provides: “[t]he investigations, proceedings, and records of [the 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.” (emphasis added). Fla. Stat. § 766.101(5) (1997). In Cruger v. Love, 599 So. 2d 111 (Fla.1992), the Supreme Court of Florida held that applications for staff privileges are part of the records of the Medical Review Committee and thus, protected under section 766.101(5). Cruger v. Love, 599 So. 2d at 114.

Accordingly, the order under review is vacated, and this cause is remanded to the trial court for further proceedings consistent herewith.


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  • …PER CURIAM. Citing to Cruger v. Love, 599 So. 2d 111 (Fla.1992) and Ornda Healthcorp v. Berghof 722 So. 2d 961 (Fla. 3d DCA 1998), we grant certiorari and quash that part of the order under review which instructs that a hospital turn over a doctor’s application for medical privileges and “any amendments or revisions thereto submitted by or on behalf of the P…

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