NORTH BROWARD HOSPITAL DISTRICT, D/B/A BROWARD GENERAL MEDICAL CENTER, PETITIONER,
v.
KEVEN J. LUCAS, A MINOR, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, ANNIE M. LUCAS AND ANNIE M. LUCAS, INDIVIDUALLY, RESPONDENTS

Fla. 4th DCA | 1984-04-18
No. 83-2127
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
448 So. 2d 622 Florida District Court of Appeal, Fourth District (1984) Caution
Cited by 6 cases
Topics
Patient Privacy Common Law Certiorari

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a petition for common law certiorari. It is directed to an order compelling North Broward Hospital District to produce:

1. Any and all records of each and every individual in the labor room and the delivery room on the date of the incident complained of herein, from 4:00 P.M. until 10:00 P.M.

2. The names and records of each and every caesarian section performed from 5:00 P.M. to 9:00 P.M. on the date of the incident complained of herein.

We have jurisdiction and grant review upon authority of Fla.R.App.P. 9.030(b)(2).

We grant certiorari and quash the above-mentioned upon authority of Argonaut Insurance Co. v. Peralta, 358 So. 2d 232 (Fla. 3d DCA) cert. denied, 364 So. 2d 889 (Fla. 1978); Fidelity & Casualty Co. of New York v. Lopez, 375 So. 2d 59 (Fla. 4th DCA 1979); Teperson v. Donato, 371 So. 2d 703 (Fla. 3d DCA 1979).

Our action should not be read as preventing the respondent/plaintiff from obtaining the names and addresses of other patients who were present in the labor room and who may be potential witnesses.

CERTIORARI GRANTED.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Cedars Healthcare Grp., Ltd. v. Freeman, 829 So. 2d 390 (Fla. 3d DCA 2002)
    …eir identities were not concealed or secret from each other. Naturally a protective order could be entered which would require the discovery to be held confidential and not disclosed outside the lawsuit. In North Broward Hospital District v. Lucas, 448 So. 2d 622 (Fla. 4th DCA 1984), the .plaintiff brought suit over alleged malpractice in the hospital’s delivery room. While quashing the discovery, order as overbroad, the court said, “Our action should not be read as preventing the respondent/plaintiff from o…
  • James W. McCANN, Jr., M.D. v. Foisy, 552 So. 2d 341 (Fla. 4th DCA 1989)
    …tiff, used a standard of care commensurate with that used in the community and that question can be answered by utilizing other methods of proof than the invasion into medical records of strangers. See also North Broward Hospital District v. Lucas, 448 So. 2d 622 (Fla. 4th DCA 1984); Fidelity & Cas. Co. of New York v. Lopez, 375 So. 2d 59 (Fla. 4th DCA 1979); Teperson v. Donato, 371 So. 2d 703 (Fla. 3d DCA 1979). Respondent relies upon Ventimiglia v. Moffitt, 502 So. 2d 14 (Fla. 4th DCA 1986), and Amisub (N…
  • In re David Stuart Fink, M.D., 876 F.2d 84 (11th Cir. 1989)
    …thout an inquiry into the medical history of the patient). The plaintiff argues that there is a distinction between discovery of medical records and discovery solely of names and addresses, and relies upon North Broward Hospital District v. Lucas, 448 So. 2d 622 (Fla. 4th DCA 1984), for this proposition. The argument is not convincing. As discussed above, under the circumstances of this case, the discovery of the names would have a similar effect as discovery of items of a medical record. Moreover, North Br…

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