CARLOS IGLESIAS, M.D., PETITIONER,
v.
IT'S A LIVING, INC., D/B/A LIPSTIK; WILLIAM ADER, JR.; DOCTORS' HOSPITAL, INC.; CEDARS MEDICAL CENTER; KENDALL REGIONAL MEDICAL CENTER; ET AL., RESPONDENTS
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Dr. Iglesias sought a writ of certiorari to prevent hospitals from producing documents regarding his hospital privileges in response to discovery subpoenas served by defendants in his personal injury lawsuit. The court granted the petition, holding that hospital peer review and credentialing documents are privileged and cannot be discovered absent a showing of exceptional necessity or extraordinary circumstances.
Documents created or considered by hospital peer review or credentialing committees are privileged, and discovery requires the party seeking production to demonstrate exceptional necessity or extraordinary circumstances, which defendants failed to show in this case.
[1] Documents created or considered by a hospital peer review or credentialing committee are privileged.
[2] The privilege for hospital peer review and credentialing committee documents is intended to encourage full candor in such proceedings and prevent a chilling effect on dis…
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Join FLexlaw to unlock all legal intelligence“Documents created or considered by a hospital peer review or credentialing committee are privileged.”
States the legal rule protecting hospital peer review documents from discovery
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Join FLexlaw to unlock all legal intelligenceDr. Iglesias was attacked and injured on defendants' premises and sued for inadequate security. During discovery, defendants served subpoenas on all h…
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On Petition For Certiorari
SHEVIN, Judge.
Carlos Iglesias, M.D., petitions this court for a writ of certiorari to quash a trial court order requiring non-party hospitals to produce documents reflecting the status of Iglesias’s hospital privileges requested by defendants, It’s A Living, Inc., and William Ader, Jr. We have jurisdiction, Miami Heart Inst. v. Reis, 638 So. 2d 530 (Fla. 3d DCA 1994). We grant certiorari and quash the order under review.
Iglesias was attacked, beaten, and injured while on the defendants’ premises. Iglesias sued defendants to recover damages based on defendants’ failure to provide adequate security. During discovery, defendants served subpoenas duces tecum on every hospital where Iglesias has, or has had, staff privileges. Iglesias and the hospitals objected to the discovery; the trial court ordered the hospitals to produce the documents.
We hold that the court departed from the essential requirements of law in ordering the discovery and that immediate relief is appropriate. Documents created or considered by a hospital peer review or credentialing committee are privileged. Dade County Med. Ass’n v. Hlis, 372 So. 2d 117 (Fla. 3d DCA 1979); Cruger v. Love, 599 So. 2d 111 (Fla.1992).
The privilege was created to encourage full candor in peer review proceedings, Cruger, at 114, and was “intended to prohibit the chilling effect of the potential public disclosure of statements made to or information prepared for and used by the committee in carrying out its peer review function.” Id., at 115. Contrary to defendants’ protestations, the information they seek from the hospitals falls within the purview of this privilege as a matter of public policy. Here, as in Hlis, in view of “ ‘the overwhelming public interest in maintaining the confidentiality’ of such records, the defendants [must make a] ‘showing of exceptional necessity’ or of ‘extraordinary circumstances’ which is required to justify their production.” Hlis, 372 So. 2d at 121 (citations omitted)(citing Bredice v. Doctors Hosp., Inc., 50 F.R.D. 249, 250-51 (D.D.C.1970).
See Liberty Mut. Ins. Co. v. Wolfson, 773 So. 2d 1272 (Fla. 4th DCA 2000)(quoting Hlis); Toyos v. Northwestern Mut. Life Ins. Co., 1 F. Supp. 2d 1462 (S.D.Fla.1998); Martinez v. Provident Life & Acc. Ins. Co., 174 F.R.D. 502 (S.D.Fla.1997)).
Defendants made no such showing in this case. The court departed from the essential requirements of law in ordering the discovery.
Certiorari granted, order quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brandon Reg'l Hosp. v. Murray, 957 So. 2d 590 (Fla. 2007)…t the list is not protected from disclosure. We agree and deny the petition on the authority of Bayfront Medical Center, Inc. v. State Agency for Healthcare Administration, 741 So. 2d 1226 (Fla. 2d DCA 1999). But see 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 S…1 / 2
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Brandon Reg'l Hosp. v. Murray, 910 So. 2d 880 (Fla. 2d DCA 2005)…t the list is not protected from disclosure. We agree and deny the petition on the authority of Bayfront Medical Center, Inc. v. State Agency for Healthcare Administration, 741 So. 2d 1226 (Fla. 2d DCA 1999). But see 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 373 (Fla. 5th DCA 1999); Columbia Park Med. Ctr., Inc. v. Gibbs, 723 So. 2d 294 (Fla. 5th DCA 1998); Boca Raton Cmty. Hosp. v. Jones, 584 So. 2d 220 (Fla. 4th DCA 1991). Petiti…
Authorities Cited
- Dade Cnty. Med. Ass'n v. Hlis, 372 So. 2d 117 (Fla. 3d DCA 1979)
- Parrado v. State, 599 So. 2d 111 (Fla. 1992)
- Elois Posey Cruger v. Douglas J. Love, M.D., 599 So. 2d 111 (Fla. 1992)
- The Miami Heart Inst. & the Miami Heart Research Inst. v. Reis, 638 So. 2d 530 (Fla. 3d DCA 1994)
- Liberty Mut. Ins. Co. v. Wolfson, 773 So. 2d 1272 (Fla. 4th DCA 2000)
- Toyos v. Nw. Mut. Life Ins. Co., 1 F. Supp. 2d 1462 (S.D. Fla. 1998)