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Florida high court frees some hospital records from peer review shield.

Publication: Trial
Publication Date: 01-AUG-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Florida Supreme Court has ruled that a medical malpractice plaintiff has the right to see hospital documents that explain its doctors' hospital privileges, even though the documents maybe the products of peer review proceedings.

The unanimous decision reverses a history of lower court decisions that deferred to state confidentiality laws protecting peer review documents from discovery, finding that "the availability of such information would appear fundamental and essential to any patient's decision to consent to a medical procedure to be performed by a physician in the hospital." (Brandon Regl. Hosp. v. Murray, 2007WL 1362903 (Fla. May 10, 2007).)

"The ruling has created a crack in what was otherwise a difficult shield, the peer review process,"...

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