MOISES RUB, M.D.; MOISES RUB, M.D., P.A., PETITIONERS,
v.
SONYA GARDNER WILLIAMS, AS NATURAL MOTHER AND GUARDIAN OF DONALD STRINGER, JR., AND INDIVIDUALLY, AND DONALD STRINGER, SR., INDIVIDUALLY; VARIETY CHILDREN'S HOSPITAL, A FLORIDA CORPORATION, D/B/A MIAMI CHILDREN'S HOSPITAL; NORTH SHORE MEDICAL CENTER, INC., A FLORIDA CORPORATION, RESPONDENTS
MOISES RUB, M.D.; MOISES RUB, M.D., P.A., PETITIONERS,
SONYA GARDNER WILLIAMS, AS NATURAL MOTHER AND GUARDIAN OF DONALD STRINGER, JR., AND INDIVIDUALLY, AND DONALD STRINGER, SR., INDIVIDUALLY; VARIETY CHILDREN'S HOSPITAL, A FLORIDA CORPORATION, D/B/A MIAMI CHILDREN'S HOSPITAL; NORTH SHORE MEDICAL CENTER, INC., A FLORIDA CORPORATION, RESPONDENTS
611 So. 2d 1328
Florida District Court of Appeal, Third District (1993)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petitioner, Dr. Moisés Rub, seeks review of an order which permitted the discovery and use of an unsworn statement taken during the medical malpractice pre-suit screening process. We find that Dr. Rub’s statement made during the presuit screening process is privileged under section 766.106, Florida Statutes (1991) and rule 1.650, Florida Rules of Civil Procedure. For this reason, the trial court departed from the essential requirements of law when it ruled that the plaintiffs could use the unsworn statement for impeachment. We grant certiorari and quash the trial court’s order permitting the use of this privileged statement.
Cases With Similar Vibessemantic neighbors from the corpus
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Adventist Health System/Sunbelt, Inc. v. Watkins, 675 So. 2d 1051 (Fla. 5th DCA 1996)…lant that address privileged presuit material under Chapter 766, Florida Statutes (1995), concern an opposing party attempting to use materials generated during the presuit screening process of that particular opposing party’s case. Rub v. Williams, 611 So. 2d 1328 (Fla. 3d DCA 1993) (petitioner’s own unsworn statement taken during the medical malpractice presuit screening process of petitioner’s case was privileged and could not be used for impeachment purposes); Grimshaw v. Schwegel, 572 So. 2d 12 (Fla. 2d D…
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Dauphinee v. Mark A. Wilstrup, M.D., OB & GYN Specialists, P.A., 696 So. 2d 388 (Fla. 5th DCA 1997)…clear wording of the statute, we must agree with the argument of the [*390] appellant that an affidavit by an expert for pre-suit screening purposes is a sworn statement. See Watkins v. Rosenthal, 687 So. 2d 993 (Fla. 3d DCA 1994); Rub v. Williams, 611 So. 2d 1328 (Fla. 3d DCA 1993); and Grimshaw v. Schwegel, 572 So. 2d 12 (Fla. 2d DCA 1990). Accordingly, the appellant is entitled to a new trial in respect to the defendants against whom Dr. Battles’ testimony was directed: Michael Cohen, M.D.; Samuel Martin,…