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Bergmann v. Freda

District Court of Appeal of Florida, Fourth District
Oct 30, 2002
829 So. 2d 966 (Fla. Dist. Ct. App. 2002)

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.


Summaries of

Bergmann v. Freda

District Court of Appeal of Florida, Fourth District
Oct 30, 2002
829 So. 2d 966 (Fla. Dist. Ct. App. 2002)

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.
Case details for

Bergmann v. Freda

Case Details

Full title:DEIDRA BERGMANN, D.O., GENERAL SURGICAL ASSOCIATES, INC., and TENET…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 30, 2002

Citations

829 So. 2d 966 (Fla. Dist. Ct. App. 2002)

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