SERVICE MERCHANDISE COMPANY OF FLORIDA, INC., APPELLANT,
v.
JOHN LARSEN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Service Merchandise appealed a trial judge's order limiting discovery of the plaintiff's medical records from a hospital where he was treated for alcoholism. The court held that while alcoholism treatment records are privileged, the trial judge abused its discretion by refusing to allow discovery of non-alcoholism-related portions of the records concerning arthritis, which were relevant to the defendant's defense.
The trial judge abused its discretion by failing to allow discovery with appropriate safeguards. While alcoholism treatment records are privileged, the trial judge should have allowed discovery of record portions and doctor opinions that did not relate to alcoholism treatment but did relate to the arthritis condition relevant to the case.
[1] Confidential medical records related to alcoholism treatment may be discoverable upon a showing of good cause.
[2] A trial court abuses its discretion by denying discovery of medical records and physician opinions that do not pertain to a patient's alcoholism treatment, when such info…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We acknowledge that under federal and state law the treatment records of a patient that suffers from alcoholism are confidential and privileged. 42 U.S.C. § 290dd-3 (1989); § 396.112, Fla.Stat. (1989). But, even those records may be ordered disclosed, if the trial judge determines that good cause has been shown.”
Establishes that while alcoholism treatment records are privileged, they are not absolutely protected from disclosure upon a showing of good cause.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellee Larsen injured his knee when he slipped and fell in appellant's store and sued for damages. During discovery, appellant sought medical record…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discovery Of Medical Records cases and more on FLexlaw
PER CURIAM.
Appellant Service Merchandise Company of Florida, Inc., seeks a new trial because the trial judge limited discovery of appellee John Larsen’s medical records and would not allow appellant to depose his doctors. We reverse and remand for a new trial.
Appellee injured his knee when he slipped and fell in one of appellant’s stores. He later filed a lawsuit to recover damages for that injury. During discovery appellant sought the production of appellee’s medical records from Humana Hospital Cypress [Humana] where he had been hospitalized for the treatment of alcoholism two weeks after his injury. Appellant wanted the records to support its defense that a rheumatoid arthritis condition in appellee’s knee caused or contributed to his injury. Appellee objected on the grounds that federal and state law prevented the discovery of medical records that relate to the treatment of alcoholism. The trial judge sustained the objection, however, he conducted an in camera inspection of the records, which were sealed for our review. Appellant’s attorney was allowed to examine the Humana records, but not to reproduce them. The trial judge later denied appellant’s motions to depose appellee’s treating doctor at Humana and the consulting doctor, a rheumatologist. Appellant wanted to depose those doctors to discover whether they had opinions that related to appellee’s arthritis. Appellant went to trial without the records or the depositions.
We acknowledge that under federal and state law the treatment records of a patient that suffers from alcoholism are confidential and privileged. 42 U.S.C. § 290dd-3 (1989); § 396.112, Fla.Stat. (1989). But, even those records may be ordered disclosed, if the trial judge determines that good cause has been shown. Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA), Review denied, 479 So. 2d 118 (Fla.1985).
We have examined the Humana records and note that they contain information which relates to appellee’s treatment for arthritis in his knees. We also note that those records reveal that the doctors expressed opinions that relate to the arthritis. We believe that the trial judge should have allowed discovery to proceed with appropriate safeguards to maintain the confidentiality of the privileged portions of appellee’s treatment records.
Therefore, we hold that the trial judge abused its discretion when it failed to allow appellant to discover the records and opinions that did not relate to appellee’s treat ment for alcoholism. That lack of discovery denied appellant a fair trial.
REVERSED AND REMANDED FOR A NEW TRIAL.
ANSTEAD, HERSEY and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Appel v. Suzie Quilantang & the N. River Ins. Co., 629 So. 2d 1004 (Fla. 4th DCA 1993)…r production. We conclude that good cause was demonstrated here because plaintiffs alcoholism could have been relevant specifically to her claim for loss of earnings in her business as a result of the accident. Compare Service Merchandise v. Larsen, 599 So. 2d 749 (Fla. 4th DCA 1992); and Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA 1985). We commend the use of the in-camera inspection, as was utilized here, and urge that trial courts carefully and selectively scrutinize what is to be produced in these ci…
Authorities Cited
- Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA 1985)