DEPARTMENT OF HEALTH, BOARD OF MEDICINE
v.
JOSEPH DORN, M.D.
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The Florida Department of Health, Board of Medicine challenged an administrative law judge's order to produce unredacted emails in a discovery dispute with Dr. Joseph Dorn. The appellate court held that Dr. Dorn had no right to receive information about investigations of other physicians absent a probable cause finding or waiver of confidentiality, and granted the Department's petition for writ of certiorari to quash the ALJ's order.
Dr. Dorn had no right to production of the unredacted emails because the redacted information concerned complaints against or investigations of other physicians where no probable cause had been found and no waiver of confidentiality existed. The administrative law judge's order was an improper departure from essential requirements of law.
[1] A writ of certiorari is appropriate to review an administrative order that departs from the essential requirements of law and causes irreparable injury.
[2] Information concerning investigations of other physicians, where no probable cause has been found and no waiver of confidentiality exists, is confidential and exempt from…
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Join FLexlaw to unlock all legal intelligence“Dr. Dorn had no right to production of the unredacted emails because the redacted information concerned complaints against or investigations of other physicians where 'no probable cause has been found and no waiver of confidentiality exists.'”
Establishes the primary holding that the redacted information was protected and Dr. Dorn had no discovery right to it.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring its investigation of Dr. Joseph Dorn, the Department of Health, Board of Medicine produced emails responsive to his discovery requests but reda…
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PER CURIAM.
During its investigation of Dr. Joseph Dorn, the Department of Health, Board of Medicine, produced emails responsive to his discovery requests. But the Department redacted from the emails information about investigations of other physicians. Dr. Dorn argued that he had a right to receive the emails in unredacted form and moved to compel. The administrative law judge granted the motion. The Department sought review of the administrative law judge’s order by petition for writ of certiorari. We grant the petition and quash the order because the order departs from the essential
requirements of the law, causing injury that cannot be remedied on direct appeal. See Citizens Prop. Ins. Corp. v. San Perdido Ass’n, Inc., 104 So. 3d 344 (Fla. 2012). Dr. Dorn had no right to production of the unredacted emails because the redacted information concerned complaints against or investigations of other physicians where “no probable cause has been found and no waiver of confidentiality exists.” See Dep’t of Health v. Poss, 45 So. 3d 510, 514 (Fla 1st DCA 2010); § 456.073(10), Fla. Stat. (2010) (providing that the complaint and information obtained during an investigation of a health care practitioner are confidential and exempt from public disclosure until ten days after a probable cause finding or until “the subject of the investigation waives his or her privilege of confidentiality”). GRANTED. ROWE, M.K. THOMAS, and NORDBY, JJ., concur. _____________________________
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Citator
Authorities Cited
- Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc., 104 So. 3d 344 (Fla. 2012)
- Dep't OF Health v. Poss, 45 So. 3d 510 (Fla. 1st DCA 2010)