DEIDRA BERGMANN, D.O., GENERAL SURGICAL ASSOCIATES, INC., AND TENET HEALTHSYSTEMS HOSPITALS, INC., A FOREIGN CORPORATION D/B/A WEST BOCA MEDICAL CENTER, PETITIONERS,
v.
DANIELLE FREDA AND ROBERT SORICELLI, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF DENISE FREDA, LESLIE JACOB, M.D., GASTROENTEROLOGY & ADVANCED ENDOSCOPY CONSULTANTS, P.A., DAVID MARGOLIS, M.D., DAVID MARGOLIS, M.D., P.A., WEST BOCA MEDICAL CENTER, INC., RESPONDENTS
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The court held that a petitioner's private medical records are not automatically discoverable in a medical malpractice action unless a link is shown between the alleged negligence and the disability, and good cause for disclosure is established.
A defendant doctor in a medical malpractice suit sought to prevent discovery of her personal medical records and staff privileges application, related…
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PER CURIAM.
Petitioner, Deidra Bergmann, D.O., seeks review of an order that requires her to produce her staff privileges application and personal medical records. We grant relief in part and remand for further proceedings with respect to Dr. Bergmann’s personal medical records. See Rasmussen v. South Fla. Blood Serv., Inc., 500 So. 2d 533, 536-37 (Fla.1987).
Dr. Bergmann is the defendant in a medical malpractice action. Through discovery plaintiffs learned that Dr. Berg-mann is no longer performing surgical procedures, due to a disability caused by an injury and surgery to her left hand following a fall.
At issue is plaintiffs’ request for any and all medical records pertaining to Dr. Berg-mann’s injury, including any applications for disability. The record before us reflects that Dr. Bergmann’s fall postdated the medical negligence alleged.
We grant relief on this point as the record does not demonstrate a link between the medical negligence cause of action and Dr. Bergmann’s “disability” such that her private medical records should be produced. The case is remanded for the trial court to conduct an in camera review of the medical records to determine whether there is good cause for disclosure, such that the need for the information outweighs the possible harm to Dr. Berg- mann. See e.g. H.J.M. v. B.R.C., 603 So. 2d 1331 (Fla. 1st DCA 1992).
TAYLOR, HAZOURI and MAY, JJ., concur.
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Barker v. Barker, 909 So. 2d 333 (Fla. 2d DCA 2005)…By failing to provide for an in camera inspection of Hugh’s medical records to prevent disclosure of information that is not relevant to the litigation, the discovery order departed from the essential requirements of the law. See Bergmann v. Freda, 829 So. 2d 966 (Fla. 4th DCA 2002); Colonial Med. Specialties of S. Fla., Inc. v. United Diagnostic Labs., Inc., 674 So. 2d 923 (Fla. 4th DCA 1996). We quash the order in part and remand for such an in camera inspection to safeguard Hugh’s privacy interests. Othe…
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Camilla B. Zarzaur v. Zarzaur, 213 So. 3d 1115 (Fla. 1st DCA 2017)…ty asserts his or her constitutional right to privacy, the trial court must conduct an in camera examination to determine the relevance of the materials to the issues raised or implicated by the lawsuit.”) (emphasis added) (citing Bergmann v. Freda, 829 So. 2d 966, 967 (Fla. 4th DCA 2002)); Barker v. Barker, 909 So. 2d 333, 338 (Fla. 2d DCA 2005) (finding departure from essential requirements of law by not holding in camera inspection of broad grant of medical records discovery). No documents may be disclosed…
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McENANY v. Ryan, 44 So. 3d 245 (Fla. 4th DCA 2010)…, producing all of the records of this doctor who had seen petitioner since the age of six would not be relevant. Therefore, petitioner’s privacy right to his medical records must be protected against unwarranted intrusion. As in Bergmann v. Freda, 829 So. 2d 966 (Fla. 4th DCA 2002), we grant the writ. Because respondent has not shown the link between most of the subpoenaed physician records and petitioner’s medical condition and drug ingestion on the date of the accident, an in camera inspection of the reco…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rasmussen v. S. Fla. Blood Serv., Inc., 500 So. 2d 533 (Fla. 1987)
- H.J.M., M.D. v. B.R.C. and R.H.C., 603 So. 2d 1331 (Fla. 1st DCA 1992)