FIDELITY AND CASUALTY COMPANY OF NEW YORK, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN FLORIDA, PETITIONER,
v.
JIMMY LOPEZ, RESPONDENT
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The Fourth District quashed a discovery order requiring an insurance company to produce medical reports of third-party patients examined by the company's doctor, holding that discovery cannot compel disclosure of medical information about strangers to the suit.
A party cannot be compelled to produce medical information of third parties not involved in the litigation, even when discovery seeks to establish a pattern of wrongful benefit denials.
[1] Discovery cannot compel production of medical information concerning third parties not involved in the litigation, even to establish a pattern of wrongful conduct by a pa…
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Court's agreement with Third District that discovery cannot compel disclosure of third-party medical information
An injured insured sued to reinstate No Fault benefits after the insurance company's doctor recommended termination. The insured alleged the company s…
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LETTS, Judge.
An injured party filed suit seeking reinstatement of No Fault benefits under his insurance policy, claiming the benefits were wrongfully terminated after examination by the Insurance Company’s doctor. His complaint, inter alia, purports to state a cause of action against the Insurance Company for having employed this same doctor on numerous occasions to wrongfully deny benefits to other insureds similarly situated. Pursuant to this allegation, the court ordered the Insurance Company to produce all the doctor’s reports pertaining to the examination of any patients, referred to him by the Company over the preceding two years. From this ruling the Insurance Company seeks relief by way of a petition for a writ of certiorari which we now grant.
We agree with the Third District that it is error to “. . . permit a party to inject into the public record, medical information of a stranger to the suit” Argonaut Insurance Company v. Peralta, 358 So. 2d 232, 233 (Fla.3d DCA 1978), cert, denied, 364 So. 2d 889 (Fla.1978). On the other hand we note that Argonaut might also be suggesting a Doctor/Patient privilege. So far as we are aware no such privilege exists in Florida. See 1979 Special Pamphlet, Evidence Code, Florida Statutes Annotated § 90.503, Sponsors Note.
Accordingly the order of January 22, 1979 and the subsequent amended order of February 1, 1979 are both hereby quashed.
CERTIORARI GRANTED AND CAUSE REMANDED IN ACCORDANCE HEREWITH.
DOWNEY, C. J., and MOORE, J., concur.
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Citator
Cited By (16 total)
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R.G.B. v. State, 376 So. 2d 1230 (Fla. 2d DCA 1979)…PER CURIAM. Appeal dismissed. See Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 375 So. 2d 59 (Fla. 2d DCA, 1979). GRIMES, C. J., and BOARDMAN and DANAHY, JJ., concur.…
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Attorney AD Litem FOR D.K. v. The Parents OF D.K., 780 So. 2d 301 (Fla. 4th DCA 2001)…the child is asserting her privilege against her parents’ decision to waive it. At common law, no privilege existed between a physician and a patient. See Law Revision Council Note to section 90.503 (1976); Fidelity & Cas. Co. of New York v. Lopez, 375 So. 2d 59 (Fla. 4th DCA 1979). Generally, it was thought that later disclosure of a patient’s confidences in the courtroom would not be a substantial factor in restricting the patient’s freedom in providing essential information to the doc [*306] tor for trea…
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Crandall v. Michaud, 603 So. 2d 637 (Fla. 4th DCA 1992)…titioners rely on Traveler’s Indemnity Co. v. Salido, 354 So. 2d 963 (Fla. 3d DCA 1978), and Argonaut Insurance Co. v. Peralta, 358 So. 2d 232 (Fla. 3d DCA), cert. denied, 364 So. 2d 889 (Fla.1978). See also Fidelity & Cas. Co. of New York v. Lopez, 375 So. 2d 59 (Fla. 4th DCA 1979), and Teperson v. Donato, 371 So. 2d 703 (Fla. 3d DCA 1979). Petitioners urge additionally that pursuant to section 455.241, Florida Statutes (1991), patient records may not be furnished to, and the medical condition of patients…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argonaut Ins. Co. v. Peralta, 358 So. 2d 232 (Fla. 3d DCA 1978)