HAROLD J. JOHNSTON AND BETTY JOHNSTON, PETITIONERS,
v.
DOROTHY M. DONNELLY, RESPONDENT
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In this certiorari review, the Florida District Court of Appeal held that a trial court cannot compel a patient to sign a blanket medical authorization form to disclose records from foreign physicians. The court found that such compulsion bypasses statutory confidentiality protections and procedural discovery safeguards, requiring instead that parties use proper discovery methods under the Florida Rules of Civil Procedure.
A trial court cannot compel a patient to execute a blanket medical authorization form for disclosure of medical records. Florida law protects medical record confidentiality, which may be waived only in specific statutory circumstances. The proper method to obtain medical records is through discovery procedures such as a request for production of documents under Florida Rule of Civil Procedure 1.350, which provides procedural safeguards to prevent unnecessary disclosure of confidential information.
[1] A court order compelling a party to sign a blanket medical authorization form is not a recognized method of discovery under the Florida Rules of Civil Procedure.
[2] Florida law generally prohibits the disclosure of medical records absent a statutory waiver or specific circumstances, requiring adherence to statutory methods or rules o…
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Join FLexlaw to unlock all legal intelligence“Florida law generally prohibits the disclosure of medical records to persons other than the patient, the patient's legal representative, or another health care provider involved in the treatment of the patient.”
Establishes the foundational statutory confidentiality protection for medical records in Florida
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Join FLexlaw to unlock all legal intelligenceThe Johnstons were plaintiffs in a negligence action. The defendant, Donnelly, sought to obtain medical records from Canadian physicians who had treat…
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PER CURIAM.
Petitioners, Mr. and Mrs. Johnston, are plaintiffs in a negligence action. They seek a writ of certiorari to review an order requiring them to sign and deliver a medical authorization form to respondent, defendant in the negligence action. We grant certiorari.
Respondent attempted to obtain the medical records of the Johnstons from their Canadian physicians who treated them before the accident. Some of the physicians refused to honor the Florida court’s subpoenas issued pursuant to Florida Rule of Civil Procedure 1.351. Respondent also attempted to obtain the records by sending forms to the Johnstons for their signature. When respondent’s attempts proved unsuccessful, she filed a motion to compel the execution of the medical authorization forms. In her motion, respondent alleged the physicians had not complied with the subpoenas and respondent knew of no other means for obtaining the records. The trial court granted the motion and ordered the Johnstons to sign and return the medical authorization forms.
Florida law generally prohibits the disclosure of medical records to persons other than the patient, the patient’s legal representative, or another health care provider involved in the treatment of the patient. § 455.241, Fla.Stat. (1989).
See Franklin v. Nationwide Mutual Fire Insurance Co., 566 So. 2d 529 (Fla. 1st DCA 1990).
The confidentiality of the medical information may be waived in only specific circumstances set forth in the statute. § 455.241, Fla.Stat. (1989).
Absent any waiver, the person seeking disclosure must use a statutory method or follow the Florida Rules of Civil Procedure. Compelling the patient to sign a written authorization is not one of the statutory methods, nor is it one of the methods of discovery recognized in the civil rules. See Franklin; Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985).
Unless Canadian law requires compliance with subpoenas issued from Florida courts, the physicians were not required to release the information absent voluntary written consent of the patient or an order of a Canadian court. To obtain the records, a request for production of documents pursuant to Florida Rule of Civil Procedure 1.350 should have been served.
Rule 1.350 provides a means by which a party may obtain documents within the possession, custody or control of another party. By using the discovery methods provided by the rules of civil procedure, the parties may seek to compel compliance with a discovery request for disclosure or to prohibit any unnecessary disclosure of unrelated, confidential medical information. In simply ordering the execution of a blanket release of medical information, the trial court bypassed the procedural safeguards of the discovery rules.
We find that the order compelling the release of all medical records from all treating physicians constitutes a departure from the essential requirements of law.
Petition for certiorari granted.
SCHOONOVER, C.J., and SCHEB and CAMPBELL, JJ., concur.
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Rojas v. Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla. 1994)…o allow the opposing party to obtain out-of-state medical records consistent with what would be available if the medical provider were within the jurisdiction of Florida. In so ruling, the district court certified conflict with Johnston v. Donnelly, 581 So. 2d 909 (Fla. 2d DCA 1991), and Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985). We accept jurisdiction pursuant to article V, section 3(b)(4), of the Florida Constitution. For the reasons expressed, we approve the district court’s d…
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Kirkland v. William H. Middleton, M.D., 639 So. 2d 1002 (Fla. 5th DCA 1994)…privileged information does not require a showing of irreparable harm beyond threat of disclosure itself to merit action by reviewing courts. See Manor Care of Dunedin, Inc. v. Reiser, 611 So. 2d 1305, 1306 (Fla. 2d DCA 1992); Johnston v. Donnelly, 581 So. 2d 909, 910 (Fla. 2d DCA 1991); West, 576 So. 2d at 383. Respondents also argue they merely intend to question Kirkland’s current health care providers about such non-privileged matters as scheduling deposition testimony and arranging medical records prod…
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Rojas v. Ryder Truck Rental, Inc., 625 So. 2d 106 (Fla. 3d DCA 1993)…mitted to the trial court for an in camera inspection. Petition denied. GODERICH, J., concurs. . We acknowledge that a contrary position has been taken by the Second and Fourth Districts and, therefore, certify conflict with Johnston v. Donnelly, 581 So. 2d 909 (Fla.2d DCA 1991) and Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla.4th DCA 1985).…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Franklin v. Nationwide Mut. Fire Ins. Co., 566 So. 2d 529 (Fla. 1st DCA 1990)
- Reinhardt v. Northside Motors, Inc., 479 So. 2d 240 (Fla. 4th DCA 1985)