Bay Medical Center v. Sapp, s. 88-1507
| Citation | 535 So.2d 308,13 Fla. L. Weekly 2614 |
| Decision Date | 05 December 1988 |
| Docket Number | Nos. 88-1507,88-1083,s. 88-1507 |
| Parties | 13 Fla. L. Weekly 2614 BAY MEDICAL CENTER, Petitioner, v. Edward Lee SAPP, as the Personal Representative of the Estate of Andy Lee Sapp, Respondent. |
| Court | Court of Appeal of Florida (US) |
Janet W. Adams of Adams, Hill, Fulford & Morgan, Orlando, for petitioner.
Michael C. Overstreet and Graham Clarke of Staats, Overstreet, White & Clark, Panama City, for respondent.
The petitioner has sought review by certiorari of two trial court discovery orders compelling petitioner to produce documents and answer interrogatories. We grant the petitions and quash both orders.
Respondent, Edward Sapp, filed a malpractice action against Dr. John Gooding and petitioner, Bay Medical Center, alleging the wrongful death of respondent's son, Andy Sapp. The suit claimed that Dr Respondent filed a request for production, requesting documents related to the treatment of Andy Sapp, including committee reports, committee minutes, investigative reports and analyses, patient complaints against Dr. Gooding and Dr. Gooding's personnel file, including personnel complaints, disciplinary reports and all impaired physician reports. Petitioner objected to production of these documents. The trial court found respondent was prohibited from discovering the "investigations, proceeding and records" of petitioner generated by its governing board or an authorized committee for the purpose of granting Dr. Gooding staff membership, investigating disciplinary actions against Dr. Gooding, or evaluating his professional medical competence during his tenure on the hospital staff, to the extent the suit "arises out of" matters which were the subject of these investigations or proceedings. Although the motion to compel was denied, the court held that upon a showing that the burdens imposed by Fla.R.Civ.P. 1.280(b)(2) were met, respondent could discover incident reports generated by the hospital's internal risk management program as to matters which gave rise to the lawsuit. Upon a showing of "exceptional necessity" or "extraordinary circumstances" justifying their production, petitioner could discover documents which had to do with Bay Medical investigations of events that did not give rise to the suit.
Gooding was intoxicated at the time he treated Andy Sapp. Petitioner was alleged to be negligent in allowing Dr. Gooding to have medical staff privileges and to remain on the medical staff at the hospital because of the hospital's alleged knowledge of Dr. Gooding's alcoholism.
Respondent later renewed his motion to compel. He maintained he was entitled to discovery of incident reports regarding matters related to Dr. Gooding's treatment of Andy Sapp as he had met the burdens imposed by Fla.R.Civ.P. 1.280(b)(2). Additionally, respondent claimed entitlement to discovery of documents maintained by the hospital which had to do with events that did not give rise to the litigation upon a showing of "exceptional necessity" and "extraordinary circumstances." Bay Medical had systematically refused to answer any questions as to its knowledge of Dr. Gooding's past conduct at the hospital and had systematically instructed all witnesses not to answer questions set out in respondent's Second Set of Supplemental Interrogatories. Respondent maintained there was no other reasonable means to obtain discovery of these facts. Following a hearing on the motion to compel, the trial court granted the motion as to any incident reports generated by Bay Medical's Internal Risk Management Program's investigation into matters which gave rise to the lawsuit. Respondent was also found to have shown circumstances justifying production of the peer review committee documents maintained by the hospital which had to do with related events that did not give rise to this litigation.
In a subsequent trial court order Bay Medical was required to answer ten interrogatories about internal investigations of Dr. Gooding.
Petitioner argues that there is certiorari jurisdiction under Fla.R.App.P. 9.030(b)(2)(A) as the order compelling production departs from the essential requirements of law and will cause material injury which cannot be remedied by a subsequent appeal. Petitioner contends the documents sought are privileged under various statutory provisions and case law. Petitioner contends the compelled disclosure of peer review documents as to Dr. Gooding's staff privileges violates the absolute statutory privilege against disclosure as the documents sought deal with investigations of the incident giving rise to the lawsuit. Additionally, there was no showing of extraordinary circumstances so as to overcome the strong public policy against disclosure of medical review documents as to matters not giving rise to the lawsuit. The discovery order also includes incident reports that are privileged under section 395.041, Florida Statutes (1987), a privilege analogous to the work product privilege in Fla.R.Civ.P. 1.280(b)(2). Respondent has failed
to meet the burden required to overcome this privilege. The required production of incident reports filed by other patients, not parties to the instant case, is inappropriate as it would involve disclosure of confidential medical records. Compliance with the discovery order cannot be remedied by a subsequent appeal as respondents will have acquired the privilege information which cannot be undone.
In response, Edward Sapp agrees that certiorari is the proper remedy for review of the discovery order. Respondent also agrees that the order is overbroad without the addition of specific limitations. He suggests the court remand with appropriate limitations on discovery.
Respondent contends counsel for petitioner has systematically instructed witnesses not to answer questions concerning the hospital's prior knowledge of Dr. Gooding's alcoholic condition gained from hospital committees. He maintains there is no statutory impediment to discovery of names of witnesses who testified before medical review committees and governing boards investigating both prior incidents or the incident giving rise to the lawsuit. Respondent also contends that his suit for negligent retention does not "arise out of" matters evaluated by committees before Andy Sapp's death. The evidence of Dr. Gooding's alcoholism prior to December 7, 1985 (the date of the incident) along with petitioner's complete effort in preventing any reasonable inquiry into the hospital's knowledge of this condition, creates an "exceptional necessity," "extraordinary circumstances" and "undue hardships" sufficient to support the trial court's conclusion that discovery was appropriate. Respondent points to the initial discovery order denying the motion but still recognizing respondent's right to discovery under certain conditions. Neither party sought review of that order. Respondent proceeded in discovery to gain information concerning the incident itself and the pre-incident drinking problem of Dr. Gooding and the hospital's knowledge of that problem. Gooding admitted he was an alcoholic when accepted by Bay Medical and continued to be a functional alcoholic at the time he treated Andy Sapp. Gooding acknowledged hospital administrators were aware he kept alcoholic beverages in his hospital office. Defense counsel objected to any questions concerning the prior incident reports or reviews, obstructing respondent from obtaining proof of the hospital's knowledge of Dr. Gooding's condition. Dr. Gooding was also directed not to answer questions whether he had ever performed medical procedures while under the influence of alcoholic beverages. Respondent's counsel began having "exceptional" difficulty in determining whether Bay Medical Center knew or should have known of Dr. Gooding's condition.
In reply, petitioner argues that the instant suit arose not only from the care and treatment of Andy Sapp but also arose from any and all peer review activity prior to that time concerning Dr. Gooding's staff privileges. The heart of respondent's complaint turns on the issue of whether or not Bay Medical Center was negligent in allowing Dr. Gooding to have...
To continue reading
Request your trial
-
Brandon Regional Hosp. v. Murray
...651 So.2d 783 (Fla. 4th DCA 1995); Mount Sinai Medical Center v. Bernstein, 645 So.2d 530 (Fla. 3d DCA 1994); Bay Medical Center v. Sapp, 535 So.2d 308 (Fla. 1st DCA 1988). 741 So.2d at 1229 (emphasis ...
-
Tallahassee Mem'l Healthcare, Inc. v. Wiles
... ... is the focus of a discovery dispute in this medical ... malpractice case. We conclude that the report is privileged ... 3d DCA 1989); Bay Med. Ctr. v. Sapp, 535 So.2d 308, ... 312 (Fla. 1st DCA 1988); Humana of Fla., Inc ... ...
-
Columbia Hosp. of South Broward v. Fain
...592 So.2d 367, 368 (Fla. 4th DCA 1992); Mount Sinai Med. Ctr. v. Schulte, 546 So.2d 37 (Fla. 3d DCA 1989); Bay Med. Ctr. v. Sapp, 535 So.2d 308, 312 (Fla. 1st DCA 1988); Humana of Fla., Inc., v. Evans, 519 So.2d 1022 (Fla. 5th DCA Amendment 7 provides that "any records made or received in t......
-
Bayfront Medical Center v. State
...651 So.2d 783 (Fla. 4th DCA 1995); Mount Sinai Medical Center v. Bernstein, 645 So.2d 530 (Fla. 3d DCA 1994); Bay Medical Center v. Sapp, 535 So.2d 308 (Fla. 1st DCA 1988). However, the report of the results of such "peer review" investigations, as contrasted to the actual records of the in......