ANTHONY VENTIMIGLIA, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, CARMEN V. VENTIMIGLIA AND SALVATORE VENTIMIGLIA; AND CARMEN V. VENTIMIGLIA, INDIVIDUALLY, AND SALVATORE VENTIMIGLIA, INDIVIDUALLY, PETITIONERS,
v.
JOAN MOFFITT, M.D., RESPONDENT
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PER CURIAM.
We deny the petition for writ of certiorari seeking to set aside the trial court’s order compelling a physician-witness to produce copies of records of other patients he has treated for conditions similar to that suffered by the claimant. The trial court provided that any possible reference to the identity of the patients be deleted from the records and protected from discovery. The trial court’s order relied on the fact that the physician predicated his diagnosis and opinion in claimant’s case, at least in part, upon his experience with the other patients. Hence, the court concluded that discovery of the medical history of those patients was relevant to the issues involved in claimant’s action against the respondents. We believe the trial court acted within its discretion in permitting discovery of relevant material while protecting the confidentiality of the physician's other patients. Cf. Fischer v. Hofmann Wholesale Nurseries, Inc., 487 So. 2d 413 (Fla. 4th DCA 1986).
ANSTEAD, GLICKSTEIN and DELL, JJ., concur.
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Bernadette Amente v. Willie B. Newman, M.D., 653 So. 2d 1030 (Fla. 1995)…[*1031] GRIMES, Chief Justice. We review Newman v. Amente, 634 So. 2d 305 (Fla. 5th DCA 1994), because of its certified conflict with Amisub, Inc. v. Kemper, 543 So. 2d 470 (Fla. 4th DCA 1989), and Ventimiglia ex rel. Ventimiglia v. Moffit, 502 So. 2d 14 (Fla. 4th DCA 1986). We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Dr. Willie B. Newman treated Bernadette Amente during her prenatal period and the delivery of her minor child. Dr. Newman termed Amente’s pregna…
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Crandall v. Michaud, 603 So. 2d 637 (Fla. 4th DCA 1992)…produced here could be produced. Respondents urge that here the privacy interests of patients will be adequately protected by the white out of their identities and cite three cases of this court approving similar discovery: Ventimiglia v. Moffitt, 502 So. 2d 14 (Fla. 4th DCA 1986) (copies of records of other similar patients treated by medical expert witness relevant, with confidentiality protected by deletion of patients’ identities, where physician at least in part predicated his opinion and diagnosis in…
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Rojas v. Ryder Truck Rental, Inc., 625 So. 2d 106 (Fla. 3d DCA 1993)…9 public records request); Young v. Santos, 611 So. 2d 586 (Fla. 4th DCA 1993) (Warner, J., concurring specially) (emphasizing desirability of expeditious discovery including use of in camera inspections); Ventimiglia ex rel. Ventimiglia v. Moffitt, 502 So. 2d 14 (Fla.4th DCA 1986) (approving discovery of patient medical records after deletion of names to protect confidentiality). Although it is clear that, since the various forms of discovery available to litigants are not exclusive, the determination of w…
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- Bryon R. Fischer v. Hofmann Wholesale Nurseries, Inc., 487 So. 2d 413 (Fla. 4th DCA 1986)