Bergmann v. Freda
| Decision Date | 30 October 2002 |
| Docket Number | No. 4D02-2292.,4D02-2292. |
| Citation | Bergmann v. Freda, 829 So.2d 966 (Fla. App. 2002) |
| Parties | Deidra BERGMANN, D.O., General Surgical Associates, Inc., and Tenet Healthsystems Hospitals, Inc., a Foreign Corporation d/b/a West Boca Medical Center, Petitioners, v. Danielle FREDA and Robert Soricelli, as co-Personal Representatives of the Estate of Denise Freda, Leslie Jacob, M.D., Gastroenterology & Advanced Endoscopy Consultants, P.A., David Margolis, M.D., David Margolis, M.D., P.A., West Boca Medical Center, Inc., Respondents. |
| Court | Florida District Court of Appeals |
Nancy W. Gregoire, Mary S. Lingerfeldt and John A. Campbell of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Ft.Lauderdale, for petitionersDiedra 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 petitionerTenet Healthsystems Hospitals, Inc.
Peter M. Bernhardt, Kerri C. Smith and Justus W. Reid of Reid, Metzger & Bernhardt, P.A., West Palm Beach, for respondentsDanielle 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.SeeRasmussen 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...
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Zarzaur v. Zarzaur
...the relevance of the materials to the issues raised or implicated by the lawsuit.") (emphasis added) (citing Bergmann v. Freda , 829 So.2d 966, 967 (Fla. 4th DCA 2002) ); Barker v. Barker , 909 So.2d 333, 338 (Fla. 2d DCA 2005) (finding departure from essential requirements of law by not ho......
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James v. Veneziano
...camera examination to determine the relevance of the materials to the issues raised or implicated by the lawsuit. Bergmann v. Freda, 829 So.2d 966, 967 (Fla. 4th DCA 2002); see also Friedman, 863 So.2d at 194. Based on the pleadings and course of discovery, the portion of the petitioner's m......
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Tanner v. Hart
...the relevance of the materials to the issues raised or implicated by the lawsuit." (emphasis added) (citing Bergmann v. Freda, 829 So. 2d 966, 967 (Fla. 4th DCA 2002) )). Ms. Hart argues that the medical records are relevant to Ms. Tanner's mental capacity at the time of the 2014 accident a......
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Barker v. Barker
...that is not relevant to the litigation, the discovery order departed from the essential requirements of the law. See Bergmann v. Freda, 829 So.2d 966 (Fla. 4th DCA 2002); Colonial Med. Specialties of S. Fla., Inc. v. United Diagnostic Labs., Inc., 674 So.2d 923 (Fla. 4th DCA 1996). We quash......