Physician-Patient Privilege

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

• In re Grand Jury Proceedings. John DOE v. United States
  801 F.2d 1164· 9th Cir.· 1986-10-07 ·cited 10×
  The court held that the 'required records' exception to the Fifth Amendment privilege applies to records mandated by California law for dangerous drug dispensation, and that neither the physician-patient privilege nor a right to privacy shields these records from a grand jury sub
• Avo B. Bethel & The Aetna Cas. & Sur. Co. v. Thornbrough
  311 F.2d 201· 10th Cir.· 1962-12-04 ·cited 10×
  The court held that the trial court did not err in instructing the jury on a city ordinance requiring drivers to signal stops, nor in allowing the plaintiff's physician to testify over objection.
• State Mut. Life Assurance Co. v. Wittenberg
  239 F.2d 87· 8th Cir.· 1956-12-13 ·cited 10×
  The court held that the trial court did not err in its jury instructions regarding the burden of proof and the interpretation of policy terms, nor in excluding certain evidence based on privilege or irrelevance.
• Morrison v. Malmquist
  62 So. 2d 415· Fla.· 1953-01-13 ·cited 10×
  Plaintiffs appealed from a judgment in their favor, contesting the trial court's admission of pre-accident medical testimony to rebut claims that the defendant's negligence caused the plaintiff-wife's injuries. The Florida Supreme Court affirmed, holding that communications betwe
• Catoe v. United States
  D.D.C.· 1942-10-05 ·cited 10×
  The court held that the trial judge did not err in submitting the issue of the voluntariness of the defendant's confession to the jury, nor in admitting the testimony of doctors in a criminal case involving serious injury.
• Ramsey Hasan v. Lanny Garvar, D.M.D.
  108 So. 3d 570· Fla.· 2012-12-20 ·cited 9×
  The Florida Supreme Court held that section 456.057(8) of the Florida Statutes prohibits ex parte meetings between a nonparty treating physician and attorneys selected and paid by a defendant's insurance company, even if the parties agree to discuss only non-privileged matters. T
• Slim-Fast Foods Co. & Thompson Med. Co., Inc. v. Brockmeyer
  627 So. 2d 104· Fla. 4th DCA· 1993-11-24 ·cited 9×
  The identities of consumers who file complaints with a manufacturer about a nonprescription product, disclosing medical information without seeking confidentiality, are not protected from discovery by Florida's right to privacy.
• Knowles v. State
  800 So. 2d 259· Fla. 2d DCA· 2001-10-10 ·cited 8×
  Knowles appeals his first-degree murder conviction on three grounds, primarily challenging the admission of testimony by a clinical psychologist retained by the defense to evaluate his sanity, arguing this violated his attorney-client privilege and privilege against self-incrimin
• Wilson v. Mario E. Rodriquez, M.D.
  547 So. 2d 196· Fla. 4th DCA· 1989-06-14 ·cited 8×
  A Florida appellate court granted a petition for certiorari and quashed a trial court order compelling medical authorization releases for out-of-state medical records. The court held that respondents failed to demonstrate that medical records could not be obtained through proper
• Burt A. Jordan v. Thomas Kelly, M.D.
  728 F.2d 1· 1st Cir.· 1984-02-10 ·cited 8×
  The court held that the plaintiffs waived their statutory privilege of confidentiality by failing to object to the testimony of the psychiatrists in the prior family court proceedings.
• Cole v. Hunter
  726 F.2d 434· 8th Cir.· 1984-02-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no violation of the Sixth Amendment right to confrontation and declining to reach the merits of the Fifth Amendment claim due to failure to exhaust state remedies.
• Gen. Motors Corp. v. Dir. OF the Nat'l Inst. FOR Occupational Safety & Health
  636 F.2d 163· 6th Cir.· 1980-12-30 ·cited 8×
  The court held that the National Institute for Occupational Safety and Health has statutory authority to issue subpoenas for employee medical records, and that such disclosure, with appropriate protective orders, does not violate employees' constitutional privacy rights or state
• LEE Mem'l Health Sys. v. Smith
  40 So. 3d 106· Fla. 2d DCA· 2010-07-16 ·cited 7×
  The court held that the physician-patient privilege does not apply to ex parte communications between a hospital and its employee physicians regarding information obtained in the course of employment, as these are not 'disclosures' triggering the privilege.
• West v. Branham
  576 So. 2d 381· Fla. 4th DCA· 1991-03-13 ·cited 7×
  This case addresses whether Florida Statute § 455.241, protecting patient confidentiality in medical communications, permits examined parties' counsel to have ex parte conferences with independent medical examiners (IMEs) while prohibiting defense counsel from doing so. The Fourt
• In re Pebsworth
  705 F.2d 261· 7th Cir.· 1983-04-22 ·cited 7×
  The court affirmed the order requiring adherence to the subpoena, finding that the grand jury needs the information and that disclosure to medical insurers does not waive the doctor-patient privilege in this context.
• Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc.
  163 So. 3d 1240· Fla. 5th DCA· 2015-05-15 ·cited 6×
  Heather Worley petitioned for a writ of certiorari to quash a trial court order requiring her to produce documents and information about referral relationships and agreements between her law firm (Morgan & Morgan) and her treating physicians. The Fifth District Court of Appeal de
• David Royal, M.D., & Watson Clinic, L.L.P. v. Isaac "Ike" Harnage
  826 So. 2d 332· Fla. 2d DCA· 2002-04-05 ·cited 6×
  A Florida appellate court quashed a trial court order prohibiting medical defendants from communicating with a non-defendant physician who treated the patient before litigation. The court held that the physician-patient privilege under Florida law does not apply among health care
• In re the Application of The Am. Tobacco Co. v. The Am. Tobacco Co.
  880 F.2d 1520· 2d Cir.· 1989-07-21 ·cited 6×
  The court held that the district court did not err in denying the motion to quash the subpoenas and in issuing a protective order, upholding the contempt finding for non-compliance.
• Melanson v. The Honorable James T. Nelson
  366 So. 2d 1191· Fla. 1st DCA· 1979-01-04 ·cited 6×
  A medical doctor arrested for unlawful delivery of a controlled substance sought immunity from prosecution after surrendering medical records pursuant to a subpoena duces tecum served immediately after his arrest. The Florida First District Court of Appeal held that Section 914.0
• United States v. Vecchiarello
  536 F.2d 420· D.C. Cir.· 1976-06-01 ·cited 6×
  The court held that certain claims raised in the § 2255 motions, specifically those concerning prosecutorial misconduct and judicial coercion, warranted a hearing, while others were waived, previously decided, or without merit.
• Bishop Clarkson Mem'l Hosp. v. Reserve Life Ins. Co.
  350 F.2d 1006· 8th Cir.· 1965-09-21 ·cited 6×
  The court held that an insurer, with patient authorization and a legitimate business need, has a right to inspect quasi-public hospital records to determine claim liability, and that the jurisdictional amount was met.
• Buffington v. The Honorable Harold K. Wood
  351 F.2d 292· 3d Cir.· 1965-07-28 ·cited 6×
  A district judge has the power under Federal Rule of Civil Procedure 16 to order an exchange of medical reports as a prerequisite to an effective pretrial conference, even if Federal Rule of Civil Procedure 35(b)(1) procedures are not strictly followed.
• DE FOE v. Duhl
  286 F.2d 205· 4th Cir.· 1961-01-05 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion for a new trial based on inadequate damages, given the conflicting medical testimony and evidence presented.
• Barahona v. State
  172 So. 3d 470· Fla. 3d DCA· 2015-06-10 ·cited 4×
  Jorge Barahona sought a writ of prohibition to prevent in camera review of his medical records that his co-defendant wife Carmen sought in pretrial discovery for a capital murder case. The court granted the petition, holding that Carmen Barahona failed to demonstrate the requisit
• State v. Herc
  67 So. 3d 266· Fla. 2d DCA· 2011-01-14 ·cited 4×
  The State of Florida appealed a circuit court order suppressing pharmacy records obtained by detectives from the Hercs without a warrant or notice. The appellate court reversed the suppression of pharmacy records, finding that section 893.07(4) permits law enforcement to obtain c
• Jett v. State
  605 So. 2d 926· Fla. 5th DCA· 1992-09-25 ·cited 4×
  Robert Garner Jett was convicted of sexual battery and lewd and lascivious assault on children. The Florida Fifth District Court of Appeal reversed his conviction, holding that Florida's child abuse reporting statute requires waiver of psychotherapist-patient privilege regardless
• Carmela Mares v. Conagra Poultry Co., Inc.
  971 F.2d 492· 10th Cir.· 1992-07-17 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding her invasion of privacy claim, thus affirming summary judgment for the defendant.
• United States v. Anun Seetapun, M.D.
  750 F.2d 601· 7th Cir.· 1984-12-10 ·cited 4×
  The court held that the district court's findings that Anun and the corporation lacked control over the documents and that Marcia lacked jurisdiction were clearly erroneous, and that the district court should have entered the enforcement order.
• Conquest v. Mitchell
  618 F.2d 1053· 4th Cir.· 1980-04-08 ·cited 4×
  The court held that the defendant's Fifth Amendment rights were not violated by the admission of testimony from a psychiatrist who examined him at the request of his own lawyer.
• Sebastian A. Anzaldo for Gia Anzaldo v. Croes
  478 F.2d 446· 8th Cir.· 1973-05-01 ·cited 4×
  The court held that the trial court abused its discretion by admitting EEG reports without granting a continuance, given the defendant's lack of meaningful discovery due to plaintiff's obstructionist tactics.
• United States v. Roberts
  470 F.2d 1190· 5th Cir.· 1972-12-18 ·cited 4×
  The court held that the evidence was sufficient to sustain the jury's finding of sanity, the psychiatrist's testimony was admissible, and the admission of medical records was not reversible error.
• Farina v. Farina
  97 So. 2d 485· Fla. 3d DCA· 1957-10-01 ·cited 4×
  The appellate court affirmed the trial court's final decree because the appellant failed to meet her burden of demonstrating reversible error.
• Calhoun v. Jacobs
  141 F.2d 729· D.C. Cir.· 1944-04-03 ·cited 4×
  The heirs of a grantor can waive the physician-patient privilege to introduce medical testimony and records concerning the grantor's mental incapacity in a suit to set aside a conveyance.
• State v. Strickling
  164 So. 3d 727· Fla. 3d DCA· 2015-05-13 ·cited 2×
  The State appeals a suppression order excluding testimony from two physicians and their medical records in a doctor shopping case. The Third District Court of Appeal reverses in part, allowing Dr. Shapiro's testimony because he voluntarily initiated contact with police, but affir
• Gore v. State
  74 So. 3d 1119· Fla. 4th DCA· 2011-11-16 ·cited 2×
  Gore appealed the denial of his motion to suppress pharmacy records, medical records, and physician statements obtained by police without a warrant or subpoena in a drug trafficking investigation. The court affirmed that pharmacy records could be obtained without a warrant under
• Keel v. Psychiatric Inst. OF Del-Ray, Inc.
  668 So. 2d 691· Fla. 4th DCA· 1996-02-28 ·cited 2×
  The court held that ex parte meetings between defense counsel and plaintiff's treating physicians violate the physician-patient privilege statute and granted a writ of certiorari to quash the order denying a protective order.
• Hancock v. Dodson
  958 F.2d 1367· 6th Cir.· 1992-03-23 ·cited 2×
  The court held that admitting a guilty plea to a misdemeanor and allowing questioning about a prior insurance claim constituted reversible error.
• Rayna Myron v. Doctors Gen., Ltd.
  571 So. 2d 591· Fla. 4th DCA· 1990-12-28 ·cited 2×
  The court denied certiorari review of a trial court order directing production of H.R.S. records to defendants and their experts in a medical malpractice case, finding no departure from law in limiting disclosure to parties, experts, and the jury while maintaining confidentiality
• Diann Jewell v. Holzer Hosp. Found., Inc.
  899 F.2d 1507· 6th Cir.· 1990-04-05 ·cited 2×
  The court held that the jury verdict was supported by sufficient evidence and that the trial court did not err in its rulings regarding the physician-patient privilege.
• Bartholf v. Westside Auto., Inc.
  410 So. 2d 956· Fla. 1st DCA· 1982-03-01 ·cited 2×
  The court held that a physician's testimony, even if based in part on the patient's history, is admissible if the opinion would be substantially the same without the history and independent evidence supports the injury.
• Anonymous v. Kissinger
  499 F.2d 1097· D.C. Cir.· 1974-07-05 ·cited 2×
  The court held that the agency's dismissal of the appellant for "refusal to cooperate" was not patently arbitrary and thus did not violate due process, even though the appellant's refusal was based on privacy concerns regarding psychiatric consultations.
• United States v. Willard Bruno Makes Room FOR Them
  496 F.2d 507· 8th Cir.· 1974-05-07 ·cited 2×
  The court held that the trial court did not err in admitting the investigating officer's testimony regarding the defendant's admissions, the doctor's testimony regarding intoxication, or testimony about the decedent's injuries, and that there was sufficient evidence to sustain th
• Llona Dick v. John Hancock Mut. Life Ins. Co.
  434 F.2d 808· 6th Cir.· 1970-11-25 ·cited 2×
  A beneficiary's invocation of the doctor-patient privilege to prevent disclosure of an insured's medical condition creates a presumption that the insured's misrepresentations on the policy application were material.
• United States v. Carr
  437 F.2d 662· D.C. Cir.· 1970-11-02 ·cited 2×
  The court held that the defense psychiatrist's notes and letter were discoverable by the prosecution and could be used for impeachment, and that the jury instruction on insanity was properly updated.
• ST. Louis Sw. Ry. Co. of Tex. v. Richardson
  218 F.2d 283· 5th Cir.· 1955-01-07 ·cited 2×
  The court held that the trial court erred in excluding the testimony of Dr. Oxford and in instructing the jury that a violation of the Safety Appliance Act was established as a matter of law, thereby withholding factual issues from the jury. The court also found error in submitti
• Cortney Whittington v. Whittington
  331 So. 3d 278· Fla. 1st DCA· 2021-12-15 ·cited 1×
  The appellate court granted a petition for a writ of certiorari, quashing a trial court's order that compelled the production of privileged personnel and mental health records without first determining if the privilege was waived or conducting an in camera review. The court empha
• Kramer v. State
  294 So. 3d 343· Fla. 4th DCA· 2020-04-08 ·cited 1×
  When a suspect unequivocally invokes the right to remain silent during custodial interrogation, any further questioning must cease, and statements obtained thereafter are inadmissible. The trial court's denial of the suppression motion was reversed because Kramer clearly stated "
• Cooper v. Lewis
  719 So. 2d 944· Fla. 5th DCA· 1998-09-25 ·cited 1×
  A trial court errs in striking an expert witness and imposing sanctions on an innocent defendant when the expert fails to comply with discovery requests, absent a finding of willful contempt or violation of a court order. Sanctions cannot be imposed on innocent parties for the mi
• Nat'l Transp. Safety Bd. v. Hollywood Mem'l Hosp.
  735 F. Supp. 423· S.D. Fla.· 1990-04-11 ·cited 1×
  The Court held that the intervenor's psychiatric records are privileged and the privilege is not outweighed by the Board's interest in investigating the airplane crash.
• Tyler v. Sec'y, Dep't of Corr. (Desoto)
  M.D. Fla.· 2025-09-09
  Earon Tyler, convicted of murder and attempted robbery in 1995, sought federal habeas relief on thirteen claims of ineffective assistance of trial counsel, most of which were not exhausted in state court. The court found that Tyler failed to establish the requisite Strickland pre