Physician-Patient Privilege

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

• Monte v. Sherwin-Williams Dev. Corp.
  M.D. Fla.· 2025-01-10
  The court held that a plaintiff must provide sufficient evidence to establish that a physician acted as a treating physician to invoke the physician-patient privilege, and that exclusion of an expert is not an appropriate sanction for an alleged violation of this privilege withou
• Ricketts v. Ricketts
  Fla. 2d DCA· 2020-06-19
  The appellate court reviewed an order compelling discovery of a wife's medical records in a dissolution of marriage case. The court held that the wife's prior medical and psychological records were not discoverable because her health was not at issue and she had not waived the pr
• Nihar Bhavesh Gala, M.D. v. Del. Bd. of Med. Licensure & Discipline
  Del. Super. Ct.· 2020-05-01
  The Delaware Superior Court affirmed the permanent revocation of Dr. Gala's medical license and the revocation of his controlled substances registration. The court found that the decisions of the Board of Medical Licensure and Discipline and the Secretary of State were supported
• Hartmetz
  Del. Super. Ct.· 2016-07-06
  The court held that the State's acquisition of the defendant's blood alcohol content (BAC) results from hospital records via a subpoena was constitutional. The blood draw itself was performed by hospital personnel for medical treatment purposes, without any law enforcement involv
• Damsky v. Univ. OF Miami & Alan Livingstone, M.D.
  166 So. 3d 930· Fla. 3d DCA· 2015-06-17
  Petitioners challenged a trial court order authorizing ex parte communications between opposing counsel and the plaintiff's treating physician, Dr. Barkin. The court held that because the trial court found Dr. Barkin was an employee of the University of Miami based on factual fin
• McKINLEY
  Del.· 2013-10-31
  The trial court erred in denying the plaintiff access to the defendant's medical records and in admitting certain hearsay testimony, and in allowing evidence of the plaintiff's failure to wear a helmet. These evidentiary errors deprived the plaintiff of a fair trial, requiring re
• Sachs v. Innovative Healthcare, Inc.
  799 So. 2d 355· Fla. 3d DCA· 2001-11-07
  Dr. Sachs and his pharmacy Immunecare sought to quash a discovery order requiring disclosure of patient names and addresses in a breach of contract dispute with a pharmaceutical distributor. The Florida appellate court granted the petition, holding that the discovery order violat
• Westmoreland v. Carrero
  710 So. 2d 650· Fla. 4th DCA· 1998-04-15
  In this wrongful death case arising from carbon monoxide poisoning, the Fourth District Court of Appeal held that defendants failed to meet their burden under Florida Evidence Code § 90.503(4)(c) to justify discovery of the decedent's mental health records by claiming an affirmat
• Pierre v. N. Shore Med. Ctr., Inc.
  671 So. 2d 157· Fla.· 1996-01-18
  The court quashes a district court decision that conflicted with Acosta v. Richter, applying the physician-patient privilege and its exception for physician defense in medical negligence actions to the Pierre case.
• Harlan v. James S. Lewis, M.D.
  982 F.2d 1255· 8th Cir.· 1993-01-12
  The court affirmed the district court's interpretation of Arkansas Rule of Evidence 503, but only as it affected the issue on appeal, and concurred in the imposition of sanctions on other grounds.
• In re Grand Jury Proceedings: Victor Krynicki v. Falk
  983 F.2d 74· 7th Cir.· 1992-12-08
  Courts should not seal entire appellate briefs absent compelling justification, as judicial proceedings are presumptively open to the public.
• United States v. Bercier
  848 F.2d 917· 8th Cir.· 1988-06-09
  The court held that the district court did not abuse its discretion in denying the motion for a continuance, and that federal courts do not recognize the physician-patient privilege in federal criminal proceedings.
• In re Grand Jury Proceeding. Meadowbrook Hosp. Inc. v. United States
  528 F.2d 983· 5th Cir.· 1976-03-19
  The denial of a motion to quash a grand jury subpoena duces tecum is generally not an appealable "final decision" under 28 U.S.C. § 1291.
• Mitchell v. Eyman
  468 F.2d 856· 9th Cir.· 1972-10-30
  The court held that the appellant's claims were procedurally barred due to failure to exhaust state remedies and that the District Court did not err in denying the habeas corpus petition without an evidentiary hearing.
• Panko v. Consol. Mut. Ins. Co.
  423 F.2d 41· 3d Cir.· 1970-01-05
  The court held that the plaintiff failed to establish that the insurance company's actions tortiously induced the doctor's disclosures, or that such disclosures caused the loss of the underlying personal injury suit.
• Adelaide Logan v. Washington
  408 F.2d 1303· D.C. Cir.· 1969-02-20
  The court affirmed the lower court's judgment, finding sufficient evidence of undue influence to void the will and deed, regardless of the physician-patient privilege issue.
• The Franklin Life Ins. Co. v. William J. Champion & Co.
  353 F.2d 919· 6th Cir.· 1965-12-22
  Communications made by a patient to a hospital intern acting as an agent of the attending physician are privileged under the physician-patient privilege statute.
• Browne v. Brooke
  236 F.2d 686· D.C. Cir.· 1956-06-14
  The court held that testimony from a physician regarding a patient's mental condition is not privileged if the information was obtained through an examination, not in attending the patient. The trial court did not err in admitting such testimony.