HUMANA OF FLORIDA, INC., A FLORIDA CORPORATION, D/B/A HUMANA HOSPITAL LUCERNE, AND HUMANA INC., A DELAWARE CORPORATION, PETITIONERS,
v.
BRUCE W. EVANS, RESPONDENT
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Humana Hospital seeks certiorari to quash an order compelling production of an investigative report about a deceased patient's hospitalization. The court holds that even though Florida law may make such reports discoverable, the trial court must first require the requesting party to demonstrate need and undue hardship before ordering production.
No. Although Florida law may permit discovery of such reports, Florida Rule of Civil Procedure 1.280(b)(2) requires that before such discovery can be compelled, the requesting party must show need for the material and inability to obtain equivalent information without undue hardship. The trial court erred in ordering production without this showing.
[1] Peer review committee evaluations of healthcare rendered by providers are statutorily privileged from discovery in civil actions arising out of the matters that were the…
[2] The statutory privilege protecting peer review documents from discovery does not apply if the cause of action asserted did not arise out of the matters that were the subj…
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Join FLexlaw to unlock all legal intelligence“respondent must still comply with Florida Rule of Civil Procedure 1.280(b)(2) and show a need for the material and the inability to obtain the equivalent without undue hardship before production can be properly compelled”
Establishes the procedural requirement that must be met before discovery of work product can be ordered, even if potentially discoverable under statute
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Join FLexlaw to unlock all legal intelligenceA patient died while hospitalized at Humana Hospital Lucerne. Respondent Evans sought discovery of an investigative report prepared by Humana pertaini…
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COWART, Judge.
Petitioners, Humana of Florida, Inc. and Humana Inc., seek a writ of certiorari to review and quash an order compelling them to produce an investigative report pertaining to a patient who died while hospitalized. Petitioners contend that the report is work product prepared in anticipation of litigation and is not discoverable absent a showing of need and undue hardship in obtaining the equivalent information.
Although, as respondent argues, it is true that the scope of discovery is a matter within the discretion of the trial court unless an abuse of discretion is shown,1 the Florida Supreme Court, in Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987), recognized that irreparable injury may result when discovery of material protected by any privilege is ordered. In this ease, respondent argues that section 395.-041(4), Florida Statutes (1985) specifically provides that reports such as the one in question are subject to discovery.2 Assuming that the statute is applicable to the report in question, respondent must still comply with Florida Rule of Civil Procedure 1.280(b)(2) and show a need for the materia] and the inability to obtain the equivalent without undue hardship before production can be properly compelled.3 Accordingly, the trial court departed from the essential requirements of law in ordering production of the report without first requiring respondent to show need and undue hardship in obtaining equivalent material. The petition for writ of certiorari is granted and the lower court’s order is quashed, without prejudice to allowing respondent an opportunity after remand to make the required showing.
WRIT ISSUED.
COBB and SHARP, JJ., concur. . See, e.g., Burroughs Corp. v. White Lumber Sales, Inc., 372 So. 2d 122 (Fla. 4th DCA 1979).
. Section 395.041(4), Florida Statutes (1985) states that
The incident reports shall be considered to be a part of the work papers of the attorney defending the establishment in litigation relating thereto and shall be subject to discovery. ..."
.See Dade County Public Health Trust v. Zaidman, 447 So. 2d 282 (Fla. 3d DCA 1983) (order requiring production of hospital incident reports quashed where no showing was made of undue hardship and need for discovery of statutorily designated work product); North Broward Hospital District v. Judson, 439 So. 2d 946 (Fla. 4th DCA 1983) (court must rule on issue of undue hardship before ordering discovery of incident reports statutorily recognized as work product).
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Columbia Hosp. Corp. OF S. Broward v. Fain, 16 So. 3d 236 (Fla. 4th DCA 2009)…e hardship. N. Broward Hosp. Dist. v. Button, 592 So. 2d 367, 368 (Fla. 4th DCA 1992); Mount Sinai Med. Ctr. v. Schulte, 546 So. 2d 37 (Fla. 3d DCA 1989); Bay Med. Ctr. v. Sapp, 535 So. 2d 308, 312 (Fla. 1st DCA 1988); Humana of Fla., Inc. v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1987). Amendment 7 provides that “any records mude or received in the course of business by a health care facility or provider relating to any adverse medical incident” are subject to discovery. Art. X, § 25(a), Fla. Const, (emphasis…
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BAY Med. Ctr. v. Sapp, 535 So. 2d 308 (Fla. 1st DCA 1988)…y upon a showing that the party seeking discovery has need of the material in preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” See Humana of Florida v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1987); Dade County Public Health Trust v. Zaidman, 447 So. 2d 282 (Fla. 3d DCA 1983). Having reviewed the transcript of the hearing and the other parts of respondent’s appendix, it does not appear that respondent has made the required…
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N. Broward Hosp. Dist. v. Button, 592 So. 2d 367 (Fla. 4th DCA 1992)…wing of need and undue hardship in obtaining the substantial equivalent. See Mount Sinai Medical Ctr. v. Schulte, 546 So. 2d 37 (Fla. 3d DCA 1989); Bay Medical Ctr. v. Sapp, 535 So. 2d 308, 312 (Fla. 1st DCA 1988); Humana of Florida, Inc., v. Evans, 519 So. 2d 1022 (Fla. 5th DCA 1987). We reject respondent’s contention that the above-cited eases were incorrectly decided. We also note that a showing of need and undue hardship is more than a bare assertion and must include specific explanations and reasons. Se…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Burroughs Corp. v. White Lumber Sales, Inc., 372 So. 2d 122 (Fla. 4th DCA 1979)
- N. Broward Hosp. Dist. v. Judson, 439 So. 2d 946 (Fla. 4th DCA 1983)
- Lowe v. Fla. Parole & Prob. Comm'n, 447 So. 2d 282 (Fla. 2d DCA 1983)
- Drake v. State, 447 So. 2d 282 (Fla. 2d DCA 1983)