Summary
directing trial court to conduct in camera review of medical records to determine if good cause exists for disclosure where plaintiff requested any and all medical records
Summary of this case from Scully v. Shands Teaching Hosp. & Clinics, Inc.Opinion
Case No. 4D02-2292
Opinion filed October 30, 2002
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case No. CA 01-7391 AF.
Nancy W. Gregoire, Mary S. Lingerfeldt and John A. Campbell of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre Gregoire, P.A., Ft.Lauderdale, for petitioners Diedra Bergmann, D.O. and General Surgical Associates, Inc.
James C. Sawran and Stephen A. Diamond of McIntosh, Sawran, Peltz Cartaya, P.A., West Palm Beach, for petitioner Tenet Healthsystems Hospitals, Inc.
Peter M. Bernhardt, Kerri C. Smith and Justus W. Reid of Reid, Metzger Bernhardt, P.A., West Palm Beach, for respondents Danielle Freda and Robert Soricelli.
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. Bergmann 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. Bergmann'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. Bergmann. See e.g. H.J.M. v. B.R.C., 603 So.2d 1331 (Fla. 1st DCA 1992).
TAYLOR, HAZOURI and MAY, JJ., concur.