Summary
In North Broward, the plaintiff requested discovery of the records of every individual in the labor and delivery rooms of the hospital, and the names and records of each person who underwent a caesarian section, during the relevant period.
Summary of this case from In re FinkOpinion
No. 83-2127.
April 18, 1984.
Petition for review from the Circuit Court, Broward County, Joseph E. Price, J.
James C. Sawran of Bernard O'Brien, Fort Lauderdale, for petitioner.
Sheldon J. Schlesinger, Fort Lauderdale, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin, P.A., Miami, for respondents.
This is a petition for common law certiorari. It is directed to an order compelling North Broward Hospital District to produce:
1. Any and all records of each and every individual in the labor room and the delivery room on the date of the incident complained of herein, from 4:00 P.M. until 10:00 P.M.
2. The names and records of each and every caesarian section performed from 5:00 P.M. to 9:00 P.M. on the date of the incident complained of herein.
We have jurisdiction and grant review upon authority of Fla.R.App.P. 9.030(b)(2).
We grant certiorari and quash the above-mentioned upon authority of Argonaut Insurance Co. v. Peralta, 358 So.2d 232 (Fla. 3d DCA) cert. denied, 364 So.2d 889 (Fla. 1978); Fidelity Casualty Co. of New York v. Lopez, 375 So.2d 59 (Fla. 4th DCA 1979); Teperson v. Donato, 371 So.2d 703 (Fla. 3d DCA 1979).
Our action should not be read as preventing the respondent/plaintiff from obtaining the names and addresses of other patients who were present in the labor room and who may be potential witnesses.
CERTIORARI GRANTED.
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.