DOUGLAS J. LOVE, PETITIONER,
v.
ELOISE POSEY CRUGER, AS PARENT AND GUARDIAN OF THE MINOR, ASHANTI POSEY, RESPONDENT
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A physician successfully challenged discovery of his hospital credentialing applications and privilege documents, which are protected from disclosure under Florida's medical review committee privilege statutes.
Hospital credentialing applications and privilege documents are protected from discovery under Florida's medical review committee privilege.
[1] Hospital credentialing applications and privilege documents are protected from discovery under Florida's medical review committee privilege statutes, notwithstanding thei…
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Join FLexlaw to unlock all legal intelligenceDr. Love was sued for medical malpractice in treating a child's fractured thumb. The plaintiff sought production of Dr. Love's applications for staff …
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PER CURIAM.
Douglas J. Love, M.D., defendant in a medical malpractice suit concerning treatment of a child’s fractured thumb, seeks review of an order of the Broward County Circuit Court overruling his objection to a notice of production addressed to three nonparty hospitals in which petitioner has staff privileges. The order effectively authorizes production of a copy of Dr. Love’s application for privileges at each of the hospitals and a copy of the document delineating the privileges granted Dr. Love at each of the hospitals. The order makes provision for protection from discovery of any confidential notations which may have been made on the originals of these documents, by allowing petitioner to move for in camera hearing if there are notations on them.
In light of the policy that lies behind the confidentially of records and deliberations of medical review committees, see, e.g., Dade County Medical Association v. Hlis, 372 So. 2d 117 (Fla. 3d DCA 1979), as well as the construction placed upon sections 766.101 and 395.011, Florida Statutes, in Tarpon Springs General Hospital v. Hudak, 556 So. 2d 831 (Fla. 2d DCA 1980), we believe the items here sought to be produced are privileged from discovery.
The writ is granted, and the trial court’s order overruling petitioner’s objection is quashed.
DOWNEY and GARRETT, JJ., concur. GUNTHER, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
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Elois Posey Cruger v. Douglas J. Love, M.D., 599 So. 2d 111 (Fla. 1992)…GRIMES, Justice. We review Love v. Cruger, 570 So. 2d 362 (Fla. 4th DCA 1990), on the basis of conflict with Jacksonville Medical Center, Inc. v. Akers, 560 So. 2d 1313 (Fla. 1st DCA 1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Elois Cruger sued Dr. Douglas Love on behalf of her son for the…
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Boca Raton Cmty. Hosp. v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991)…r documentation indicating that the doctor was given staff privileges at the hospital. Petitioners sought protective orders but the trial court compelled production of the requested information. We conclude here, as we concluded in Love v. Cruger, 570 So. 2d 362 (Fla. 4th DCA 1990), juris, accepted, 579 So. 2d 112 (Fla.1991), that the items sought to be produced are privileged from discovery in view of the confidentiality of investigations, proceedings and records of medical review committees and boards. Se…1 / 2
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Columbia Park Med. Ctr., Inc. v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998)…tors’ current hospital privileges in the instant case could be different from the documents released in Lopez. This contention is misplaced. The courts in Boca Raton Community Hospital v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991) and Love v. Cruger, 570 So. 2d 362 (Fla. 4th DCA 1990), approved, 599 So. 2d 111 (Fla.1992) have held that committee reports, including documentation that a physician was given staff privileges and delineating the privileges extended, are privileged from dis [*296] covery. The lack o…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dade Cnty. Med. Ass'n v. Hlis, 372 So. 2d 117 (Fla. 3d DCA 1979)
- C.L.B. v. State, 556 So. 2d 831 (Fla. 2d DCA 1990)