Physician-Patient Privilege

121 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Proffitt v. Louie L. Wainwright
  685 F.2d 1227· 11th Cir.· 1982-09-10 ·cited 174×
  The court held that the defendant received ineffective assistance of counsel at the sentencing phase because counsel failed to investigate and present mitigating evidence, particularly regarding the defendant's mental condition.
• Rudolph Acosta, M.D. v. Richter
  671 So. 2d 149· Fla.· 1996-01-18 ·cited 152×
  The Florida Supreme Court held that section 455.241(2) creates a physician-patient privilege of confidentiality for medical information, with a limited exception allowing defendant health care providers to disclose patient information when defending themselves in medical negligen
• Engl v. Ætna Life Ins. Co.
  139 F.2d 469· 2d Cir.· 1943-12-03 ·cited 102×
  The court held that a party cannot reserve evidence to avoid summary judgment and must present all facts to show a genuine issue of material fact.
• Fla. Power & Light Co. v. Bridgeman
  133 Fla. 195· Fla.· 1938-02-14 ·cited 99×
  This wrongful death action arose from the electrocution of a widow who came into contact with a downed high-voltage power line following an automobile accident that struck a utility pole. The Florida Supreme Court affirmed a jury verdict for the minor children, holding that the u
• United States v. Harper
  450 F.2d 1032· 5th Cir.· 1971-10-25 ·cited 90×
  The court held that the admission of testimony from court-appointed doctors regarding competency, the use of medical reports for impeachment, jury instructions on the presumption of sanity, and the sufficiency of evidence were all proper.
• United States v. Green
  523 F.2d 229· 2d Cir.· 1975-08-29 ·cited 72×
  The court held that while the trial judge improperly pressured the jury by setting a deadline for deliberations, the issue was waived due to the defendants' acquiescence.
• Taylor v. United States
  222 F.2d 398· D.C. Cir.· 1955-03-14 ·cited 57×
  The court held that the physician-patient privilege does not apply to communications made by a patient confined in a government institution for treatment, especially when the patient is undergoing examination for competency to stand trial.
• In re the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James Collins v. Auger
  577 F.2d 1107· 8th Cir.· 1978-05-08 ·cited 54×
  The court held that the admission of the petitioner's confession, obtained during a court-ordered psychiatric evaluation for competency, violated his due process rights and warranted habeas corpus relief.
• Argonaut Ins. Co. v. Peralta
  358 So. 2d 232· Fla. 3d DCA· 1978-05-02 ·cited 50×
  Dr. Gross and his insurer sought certiorari review of a discovery order requiring production of medical records and photographs of non-party patients treated with silicone injections. The appellate court held that broad discovery requests spanning eleven years and seeking detaile
• United States v. Donley
  878 F.2d 735· 3d Cir.· 1989-06-30 ·cited 40×
  The court held that hearsay statements by the victim were admissible to show her state of mind and plan, and that the Sentencing Reform Acts did not alter the mandatory life sentence for first-degree murder under 18 U.S.C. § 1111.
• Odessa Woods v. The Nat'l Life & Accident Ins. Co.
  347 F.2d 760· 3d Cir.· 1965-06-22 ·cited 40×
  The court held that while a directed verdict should have been granted, the failure to move for judgment notwithstanding the verdict (n.o.v.) requires a remand for a new trial.
• Schoeps v. Carmichael
  177 F.2d 391· 9th Cir.· 1949-09-23 ·cited 39×
  The court held that the petitioner's re-entry into the United States after committing crimes involving moral turpitude provided a basis for deportation under the statute.
• Sher v. DE Haven
  199 F.2d 777· D.C. Cir.· 1952-10-02 ·cited 36×
  The court held that the denial of the appellant's motion to compel discovery of physicians' reports was not an abuse of discretion because the reports were protected by the physician-patient privilege and the appellant failed to demonstrate prejudice.
• Taylor v. REO Motors, Inc.
  275 F.2d 699· 10th Cir.· 1960-02-10 ·cited 30×
  The court held that the trial court erred in giving an instruction on a defense not properly pleaded or disclosed, and in submitting the issue of contributory negligence to the jury without evidence. The court also found that the jury's examination of an exhibit was permissible.
• Miraglia v. Miraglia
  462 So. 2d 507· Fla. 4th DCA· 1984-12-28 ·cited 28×
  In a custody dispute arising from dissolution proceedings, the trial court awarded primary custody of three children to the mother, partly to help her resolve emotional problems. The appellate court reversed this reasoning, holding that children cannot be used as instruments to s
• United States v. Univ. Hosp.
  729 F.2d 144· 2d Cir.· 1984-02-23 ·cited 27×
  The dissenting judge believes Section 504 of the Rehabilitation Act applies to the provision of medical services to handicapped infants and would reverse and remand for further consideration of the hospital's receipt of federal financial assistance.
• United States v. Meagher
  531 F.2d 752· 5th Cir.· 1976-05-14 ·cited 26×
  The court held that the physician-patient privilege does not exist in federal criminal trials and that the defendant's correspondence did not constitute confessions violating his Fifth or Sixth Amendment rights.
• United States v. Robinson
  439 F.2d 553· D.C. Cir.· 1970-12-30 ·cited 26×
  The court held that the trial judge's findings on the voluntariness of the confession were not clearly erroneous, and that the failure to reintroduce all pretrial evidence of voluntariness before the jury did not constitute reversible error given the defense counsel's tactical de
• Leonard Frantz, D.D.S. v. Golebiewski
  407 So. 2d 283· Fla. 3d DCA· 1981-12-08 ·cited 24×
  Dr. Frantz obtained a sworn statement from Dr. Rubelman, the treating physician of plaintiff Golebiewski in a dental malpractice action, without notice to plaintiff's counsel. The court held that treating physicians are ordinary witnesses, not expert witnesses subject to discover
• In re Dr. John DOE, M.D. v. United States
  711 F.2d 1187· 2d Cir.· 1983-06-29 ·cited 23×
  The court held that patient files, though required to be kept by New York law, were not subject to a federal grand jury subpoena under the required records exception to the Fifth Amendment privilege against self-incrimination because New York's regulatory purpose was too remote f
• United States v. Gutman
  725 F.2d 417· 7th Cir.· 1984-01-10 ·cited 22×
  The dissenting judge would reverse the conviction, finding that the trial court abused its discretion by denying the defendant's motions for a competency hearing, a psychiatric examination of a key government witness, and to strike the witness's testimony. The dissent argues that
• Keen v. Detroit Diesel Allison and Detroit Diesel Engine
  569 F.2d 547· 10th Cir.· 1978-04-03 ·cited 22×
  The court held that the erroneous admission of unanswered discovery requests, presented to the jury as deemed admitted, was not harmless error and required reversal.
• Emmett v. E. Dispensary & Cas. Hosp.
  396 F.2d 931· D.C. Cir.· 1967-09-29 ·cited 22×
  The court held that fraudulent concealment of facts can toll the statute of limitations for a wrongful death action, even if the statute is considered substantive.
• Anthony v. United States
  667 F.2d 870· 10th Cir.· 1981-11-24 ·cited 20×
  The court affirmed Anthony's conviction for unlawful wiretapping and reversed the trial court's order allowing discovery of illegally obtained tapes, finding Sisney had standing to object.
• Arias v. State
  593 So. 2d 260· Fla. 3d DCA· 1992-01-14 ·cited 19×
  Jean Arias was convicted of attempted first-degree murder and solicitation to commit murder for allegedly plotting to kill an infant with severe birth defects by administering a lethal overdose of pain medication. The Florida District Court of Appeal reversed the attempted murder
• Joseph Lemieux and his wife v. Tandem Health Care OF Fla., Inc.
  862 So. 2d 745· Fla. 2d DCA· 2003-10-29 ·cited 18×
  The Florida Second District Court of Appeal quashed a trial court order permitting a rehabilitation facility to conduct ex parte discussions with the plaintiff's treating physicians regarding his confidential medical information. The court held that such ex parte communications v
• Ranger, Inc. v. Equitable Life Assur. Soc. of United States
  196 F.2d 968· 6th Cir.· 1952-05-13 ·cited 18×
  The court held that the trial court did not err in admitting physician testimony and in its jury instructions regarding material misrepresentations in an insurance application, affirming the judgment for the insurer.
• United States v. Corona
  849 F.2d 562· 11th Cir.· 1988-07-14 ·cited 16×
  The court held that the trial court did not err in admitting portions of the defendant's drug treatment records or the testimony of his psychotherapist, and that the evidence was sufficient to support the conviction.
• Snethen v. Crispus NIX
  736 F.2d 1241· 8th Cir.· 1984-06-20 ·cited 16×
  A federal habeas corpus petition containing both exhausted and unexhausted claims must be dismissed, and the futility exception to exhaustion requires a clear manifestation that state courts will refuse to entertain claims, not merely a prediction of an unfavorable outcome.
• Patterson v. Norfolk & W. Ry. Co.
  489 F.2d 303· 6th Cir.· 1973-12-28 ·cited 16×
  A railroad has a duty under FELA to exercise ordinary care to protect employees from known or reasonably discoverable dangers, including contagious diseases from co-workers, and may not benefit from insurance payments made by the employer as a collateral source.
• Edmonds v. United States
  260 F.2d 474· D.C. Cir.· 1958-09-15 ·cited 16×
  The court held that admitting a psychiatrist's testimony about statements made by the defendant during a private examination, which bore on guilt rather than sanity, was error. It also held that eliciting evidence of the defendant's father's prior insanity defense was irrelevant
• Alachua Gen. Hosp., Inc. v. Stewart
  649 So. 2d 357· Fla. 1st DCA· 1995-02-09 ·cited 15×
  Alachua General Hospital sought to conduct ex parte interviews with physicians who treated a patient, despite denying any employment or agency relationship with them in its answer. The court held that a hospital facing vicarious liability allegations may interview treating physic
• United States v. Burzynski Cancer Research Inst.
  819 F.2d 1301· 5th Cir.· 1987-06-25 ·cited 15×
  The court affirmed dismissal of claims related to the search warrant and record seizure, but remanded a counterclaim concerning false information dissemination for further discovery.
• Whigham v. Shands Teaching Hosp. & Clinics, Inc.
  613 So. 2d 110· Fla. 1st DCA· 1993-01-27 ·cited 14×
  The heirs of Thomas Whigham, who died from AIDS contracted through a blood transfusion, appealed the dismissal of their medical malpractice suit against Shands Teaching Hospital and Civitan Regional Blood Center under Florida's medical malpractice statute of repose. The court hel
• Mrs. Lewis Earl Leach v. The Millers Life Ins. Co. OF Tex.
  400 F.2d 179· 5th Cir.· 1968-09-16 ·cited 14×
  The court held that the insured was not in good health at the time the policy was delivered, thus the insurer was not liable under the policy's good-health provision.
• Harries v. United States
  350 F.2d 231· 9th Cir.· 1965-08-20 ·cited 14×
  The court held that the trial court's finding of fact regarding proximate cause was not clearly erroneous, and the limitation on cross-examination did not constitute an abuse of discretion.
• Reynolds Metals Co. v. Yturbide
  258 F.2d 321· 9th Cir.· 1958-06-05 ·cited 14×
  The court should not have limited the taking of depositions of Drs. Hills and Proctor in Baltimore.
• Rhodes v. Metro. Life Ins. Co.
  172 F.2d 183· 5th Cir.· 1949-02-01 ·cited 14×
  The court held that the insured's false representations regarding his diabetes were material as a matter of law, thus avoiding the insurance policy, and that the trial court did not err in directing a verdict for the insurer.
• Eureka-Maryland Assur. Co. v. Gray
  121 F.2d 104· D.C. Cir.· 1941-06-16 ·cited 14×
  The court reversed the lower court's decision, finding that the autopsy report should have been admitted and that testimony regarding prior medical treatment was relevant.
• Mullis v. State
  79 So. 3d 747· Fla. 2d DCA· 2011-09-09 ·cited 12×
  Scott Lee Mullis appealed the denial of his motion to suppress pharmacy records and statements obtained from his doctors during a pre-arrest investigation for doctor shopping. The court held that while pharmacy records were properly obtained, the detective violated Florida's medi
• Hannon v. Steven Roper, M.D.
  945 So. 2d 534· Fla. 1st DCA· 2006-11-16 ·cited 12×
  A non-party treating physician cannot disclose patient information to an attorney hired by a defendant hospital when the physician and his employer are not named defendants, as the physician-patient privilege exception under Florida Statute § 456.057(6) applies only when the heal
• Pub. Health Tr. OF Dade Cnty. v. Franklin
  693 So. 2d 1043· Fla. 3d DCA· 1997-05-14 ·cited 12×
  The Secretary's informal policy manual guideline, PRM §233, is invalid for failing to comply with the Administrative Procedure Act's notice and comment requirements.
• Cerro Gordo Charity v. Fireman's Fund Am. Life Ins. Co.
  819 F.2d 1471· 8th Cir.· 1987-05-29 ·cited 12×
  The court held that the transcript of a psychiatrist's prior testimony was admissible and that it was permissible to call a witness to invoke his Fifth Amendment privilege before the jury in a civil case.
• Robert B. Cushing, D.D.S. v. Dep't of Prof'l Reg.
  416 So. 2d 1197· Fla. 3d DCA· 1982-07-06 ·cited 12×
  Dr. Robert Cushing, an oral surgeon, challenged an administrative finding that he improperly prescribed quaaludes after a warrantless search of a pharmacy revealed suspicious prescriptions written by him. The court upheld the administrative board's disciplinary action, finding th
• State v. SUN
  82 So. 3d 866· Fla. 4th DCA· 2011-06-01 ·cited 11×
  Florida appeals a trial court's suppression of medical records and doctors' statements obtained without a warrant or subpoena in a doctor-shopping prosecution. The appellate court affirms the suppression, holding that patient contracts and doctors' statements are protected by Flo
• Gong v. Edward Hirsch, M.D.
  913 F.2d 1269· 7th Cir.· 1990-09-24 ·cited 11×
  The court affirmed the district court's judgment, holding that the trial court did not abuse its discretion in excluding a letter under evidentiary rules and in denying a motion to bar expert testimony.
• In re David Stuart Fink, M.D.
  876 F.2d 84· 11th Cir.· 1989-05-30 ·cited 11×
  The court held that the district court erred in compelling discovery of nonparty patient names and addresses, as such information is not discoverable under Florida law.
• Dannemann v. Shands Teaching Hosp. & Clinics, Inc.
  14 So. 3d 246· Fla. 1st DCA· 2009-05-11 ·cited 10×
  Patricia Dannemann sought certiorari review of a trial court order allowing pre-deposition conferences between nonparty physicians and defense counsel regarding her husband's medical records in a medical malpractice case. The Florida District Court of Appeal quashed the order, ho
• Juan Castillo-Plaza, M.D. v. Green
  655 So. 2d 197· Fla. 3d DCA· 1995-05-24 ·cited 10×
  The physician-patient confidentiality privilege established by section 455.241(2) does not apply to medical malpractice cases; therefore, defense counsel in such cases may communicate ex parte with non-defendant treating physicians on subjects beyond medical records and the patie
• Johnson v. MT. Sinai Med. Ctr. OF Greater Miami, Inc.
  615 So. 2d 257· Fla. 3d DCA· 1993-03-09 ·cited 10×
  Florida appellate court denied certiorari, holding that a trial court order permitting one-way interviews where defense counsel speaks to treating physicians without discussing the patient's medical condition does not violate the physician-patient confidentiality statute.