CEDARS HEALTHCARE GROUP, LTD. D/B/A CEDARS MEDICAL CENTER, PETITIONER,
v.
MYRIAN AMPUERO-MARTINEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SERGIO AMPUERO, DECEASED, RESPONDENT
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The court held that a request for production of adverse medical incident records must be limited to the same or substantially similar condition, treatment, or diagnosis as the patient requesting access.
The Petitioner sought a writ of certiorari to quash a trial court order compelling the production of documents. The request sought records of adverse …
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Following a thorough review of the petition . for writ of certiorari, the response, and the reply, and after a thorough review of the statutes and case law in question, we grant the petition in part and deny in part.
The petition requests this Court quash the trial court’s order requiring production of documents requested in the Plaintiffs First Request to Produce dated November 19, 2009. Petitioner argues many separate grounds, each of which it claims is grounds for granting the petition. We grant the petition solely on the ground that the request to produce asks for records of adverse medical incidents involving patients other than the plaintiff but does not limit the production of those records to the same or substantially similar condition, treatment, or diagnosis as the patient requesting access. See § 381.028(7)(a), Fla. Stat. (2010). By not limiting the request as required by the statute, the trial court departed from the essential requirements of the law.
We therefore quash that portion of the trial court’s order on Cedar’s Exceptions to the General Magistrate’s Report and Recommendations that requires production of records of adverse medical incidents that are not limited to the same or substantially similar condition, treatment, *191or diagnosis of the patient requesting access.
Petition for writ of certiorari granted in part and denied in part.1
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Myriam Ampuero-Martinez v. Cedars Healthcare Grp., 139 So. 3d 271 (Fla. 2014)…consolidated cases, Myriam Ampuero-Martinez (hereinafter “Mrs. Am-puero-Martinez”) and Cedars Healthcare Group (hereinafter “Cedars”) seek review of the Third District Court of Appeal’s decision in Cedars Healthcare Group., Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla.3d DCA 2011), on the ground that it expressly and directly conflicts with the decision of this Court in Florida Hospital Waterman, Inc. v. Buster (“Buster”), 984 So. 2d 478 (Fla.2008).1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. F…