BOCA RATON COMMUNITY HOSPITAL, PETITIONER,
v.
MARY A. JONES AND WAYNE H. JONES, HER HUSBAND, RESPONDENTS; THOMAS V. RANKIN, M.D., PETITIONER, V. WAYNE H. JONES, GUARDIAN OF THE PERSON, PROPERTY AND ESTATE OF MARY A. JONES, AN INCAPACITATED PERSON; AND WAYNE H. JONES, INDIVIDUALLY, RESPONDENTS

Fla. 4th DCA | 1991-08-21
Nos. 91-1526, 91-1546
STONE and GUNTHER, JJ., concur., DELL, J., concurs in part and dissents in part.
584 So. 2d 220 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 13 cases
Topics
Staff Privileges Medical Malpractice Writ Of Certiorari

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In a medical malpractice action against Thomas V. Rankin, M.D., respondents sought production of various documents from Boca Raton Community Hospital, including Dr. Rankin’s applications for staff privileges, reports of reviewing committees, and memoranda, correspondence and other 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. See § 766.101(5), Fla.Stat. (1989); § 395.011(9), Fla.Stat. (1989); Tarpon Springs General Hospital v. Hudak, 556 So. 2d 831 (Fla. 2d DCA 1990); Dade County Medical Association v. Hlis, 372 So. 2d 117 (Fla. 3d DCA 1979). We certify conflict with Jacksonville Medical Center, Inc. v. Akers, 560 So. 2d 1313 (Fla. 1st DCA 1990), cause dismissed, 581 So. 2d 1308 (Fla.1991).

The petitions for writ of certiorari are granted, and the orders denying petitioners’ motions for protective orders are quashed. This opinion should not be construed as preventing respondents from obtaining the items listed on petitioner Rankin’s exhibit list, or information otherwise available from original sources.

PETITIONS FOR WRIT OF CERTIO-RARI GRANTED.

STONE and GUNTHER, JJ., concur. DELL, J., concurs in part and dissents in part.

Other
DELL, Judge,

DELL, Judge,

concurring in part and dissenting in part.

I concur in the result reached by the majority because of this court’s decision in Love v. Cruger, 570 So. 2d 362 (Fla. 4th DCA 1990), juris, accepted, 579 So. 2d 112 (Fla.1991). I disagree, however, with Love v. Cruger and agree with the reasoning of the majority in Jacksonville Medical Center, Inc. v. Akers, 560 So. 2d 1313 (Fla. 1st DCA 1990), cause dismissed, 581 So. 2d 1308 (Fla.1991).

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  • Brandon Reg'l Hosp. v. Murray, 957 So. 2d 590 (Fla. 2007)
    …ee Iglesias v. It’s a Living, Inc., 782 So. 2d 963 (Fla. 3d DCA 2001); Columbia Park Med. Ctr., Inc. v. Gibbs, 728 So. 2d 873 (Fla. 5th DCA 1999); Columbia Park Med. Ctr. v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998); Boca Raton Cmty. Hosp. v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991). Murray, 910 So. 2d at 881. This Court subsequently granted review based on the Second District’s decision being in express and direct conflict with other district court decisions, including those cited in the opinion. ANALYSIS…
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  • Columbia Park Med. Ctr., Inc. v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998)
    …ments were released and the documents outlining the doctors’ 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 exte…
  • Paracelsus Santa Rosa Med. Ctr. v. Smith, 732 So. 2d 49 (Fla. 5th DCA 1999)
    …1 (Fla. 5th DCA 1995) (GIBBS II); Columbia Park Medical Center v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998) (Gibbs I); Munroe Regional Medical Center v. Rountree, 721 So. 2d 1220 (Fla. 5th DCA 1998). See also, Boca Raton Community Hospital v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991); Love v. Cruger, 570 So. 2d 362 (Fla. 4th DCA 1990), approved, 599 So. 2d 111 (Fla.1992). If there is a question as to whether the staff-privileges files contain materials not covered by the privilege, the trial court [*51] shoul…

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