PALM BEACH GARDENS COMMUNITY HOSPITAL, INC., ETC., PETITIONER,
v.
ROBERT SHAW, ET UX., RESPONDENTS
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The court held that records of a hospital's Infectious Disease Control Committee are immune from discovery under Section 768.40, Florida Statutes.
A hospital petitioned for a writ of certiorari to quash a discovery order requiring production of certain records from its Infectious Disease Control …
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PER CURIAM.
This is a petition for writ of common law certiorari addressed to a discovery order which required Petitioner Hospital to produce certain records. Certiorari relief is appropriate here. City of Williston v. Roadlander, 425 So. 2d 1175 (Fla. 1st DCA 1983).
The order is quashed insofar as it required Petitioner to produce records of its Infectious Disease Control Committee, as follows:
1. Complete Palm Beach Gardens Community Hospital’s monthly infection reports by sites and pathogens for the years 1980, 1981 and 1982.
2. Complete Palm Beach Gardens Hospital’s monthly infection reports of all nosocomial infections for the years 1980, 1981 and 1982.
3.Complete Palm Beach Gardens Community Hospital’s monthly infection reports of clean surgery surveillance for the years 1980, 1981 and 1982.
6. Complete Palm Beach Gardens Community Hospital’s antibiotic sensitivity studies and trends for the years 1980, 1981 and 1982.
The hospital administrator swore that the foregoing items were reports of the Infectious Disease Control Committee and that the Committee was a medical review committee. This was not contested.
We also note that the result we reach does not bar a cause of action for malpractice since evidence of malpractice is otherwise available. See Good Samaritan Hospital Assoc., Inc. v. Simon, 370 So. 2d 1174 (Fla. 4th DCA 1979).
We hold that the enumerated items are immune under Section 768.40, Florida Statutes (1980). See also, Segal v. Roberts, 380 So. 2d 1049 (Fla. 4th DCA 1979).
CERTIORARI GRANTED.
LETTS, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Good Samaritan Hosp. Ass'n, Inc. v. Simon, 370 So. 2d 1174 (Fla. 4th DCA 1979)
- City OF Williston v. Roadlander, 425 So. 2d 1175 (Fla. 1st DCA 1983)
- Myron I. Segal v. Roberts, 380 So. 2d 1049 (Fla. 4th DCA 1979)