David J. Burton, D.M.D., P.A. v. Becker

CourtCourt of Appeal of Florida (US)
Writing for the CourtRYDER; DANAHY, C.J., and FRANK
Citation516 So.2d 283,12 Fla. L. Weekly 2550
Decision Date06 November 1987
Parties12 Fla. L. Weekly 2550 DAVID J. BURTON, D.M.D., P.A., David J. Burton, Individually, Petitioner, v. Bernadette BECKER and James Becker, her husband, Respondents. TRUSTEES OF MEASE HOSPITAL, INC., d/b/a Mease Health Care, Petitioner, v. Bernadette BECKER and James Becker, her husband, Respondents. 87-451, 87-452.

Page 283

516 So.2d 283
12 Fla. L. Weekly 2550
DAVID J. BURTON, D.M.D., P.A., David J. Burton, Individually, Petitioner,
v.
Bernadette BECKER and James Becker, her husband, Respondents.
TRUSTEES OF MEASE HOSPITAL, INC., d/b/a Mease Health Care, Petitioner,
v.
Bernadette BECKER and James Becker, her husband, Respondents.
87-451, 87-452.
District Court of Appeal of Florida,
Second District.
Nov. 6, 1987.
Rehearing Denied Dec. 10, 1987.

James C. Hadaway and William Rutger of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Clearwater, for petitioner Burton.

Hugh N. Smith of Smith, Fuller & Dolcimascolo, P.A., Tampa, and John P. Frazer of Frazer & Hubbard, P.A., Dunedin, for petitioner Trustees of Mease Hosp., Inc.

Roland A. Rosello of Ferlita, Nutter & Rosello, P.A., Tampa, for respondents Becker.

RYDER, Judge.

These are consolidated petitions for writs of certiorari to review an order of the trial court which required petitioners Mease Hospital and Dr. Burton, defendants in a medical malpractice action, to produce medical and peer review records which are claimed to be protected by various statutory privileges. We have jurisdiction. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987). For the reasons stated below, we grant the petitions, affirm in part and quash in part the order requiring production, and remand for further proceedings consistent with this opinion.

Page 284

First, we address that part of the trial court's order which required production of all medical records pertaining to the treatment Dr. Burton received for drug abuse. Petitioners assert that these records are privileged under sections 90.503, 395.011, 395.017, 397.053, 455.241 and 768.40, Florida Statutes (1985).

In section 90.503 the legislature created a privilege for confidential communications between psychotherapist and patient. This privilege encompasses confidential communications and records "made for the purpose of diagnosis or treatment of [a patient's] mental or emotional condition, including alcoholism and other drug addiction...." § 90.503(2), Fla.Stat. (1985). In section 397.053(1), the legislature further provided that treatment records of drug dependents "whether inpatient, intermediate, or outpatient, shall remain confidential, and information which has been entered in the records shall be considered confidential information." § 397.053(1), Fla.Stat. (1985). In section 397.053(2), however, the legislature determined that disclosure of such treatment records may be made:

without consent [of the patient] upon court order for purposes unrelated to treatment after application showing good cause therefor. In determining whether there is good cause for disclosure, the court shall weigh the need for the information to be disclosed against the possible harm of disclosure to the person to whom such information pertains. [Emphasis added.]

§...

To continue reading

Request your trial
6 practice notes
  • Jacksonville Medical Center, Inc. v. Akers, No. 89-3372
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1990
    ...to produce documents that were generated by, and otherwise available from, outside sources. See David J. Burton, D.M.D., P.A. v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987) (section 766.101(5), formerly section 768.40(5), exception to discovery privilege applies to medical records relied upon ......
  • Bay Medical Center v. Sapp, Nos. 88-1507
    • United States
    • Court of Appeal of Florida (US)
    • December 5, 1988
    ...the legislature was presumed to have considered that potential detriment in enacting the discovery privilege. See Burton v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987). In Segal v. Roberts, 380 So.2d 1049 (Fla. 4th DCA 1979), cert. denied, 388 So.2d 1117 (Fla.1980), the plaintiff brought a mal......
  • Brown v. Montanez, No. 4D12–920.
    • United States
    • Court of Appeal of Florida (US)
    • June 27, 2012
    ...officer, defendant waived psychotherapist-patient privilege). Finally, they also relied on David J. Burton, D.M.D., P.A. v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987) (holding that medical records of the physician's treatment for drug abuse were subject to disclosure in medical malpractice ca......
  • State, Dept. of Highway Safety and Motor Vehicles v. Krejci Co., Inc., No. 89-01794
    • United States
    • Court of Appeal of Florida (US)
    • June 8, 1990
    ...or introduction into evidence in a civil action against a health care provider. § 766.101(5), Fla.Stat. (1989); Burton v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987). These medical review committee records, however, are not immune from discovery in administrative disciplinary actions where the......
  • Request a trial to view additional results
6 cases
  • Jacksonville Medical Center, Inc. v. Akers, No. 89-3372
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1990
    ...to produce documents that were generated by, and otherwise available from, outside sources. See David J. Burton, D.M.D., P.A. v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987) (section 766.101(5), formerly section 768.40(5), exception to discovery privilege applies to medical records relied upon ......
  • Bay Medical Center v. Sapp, Nos. 88-1507
    • United States
    • Court of Appeal of Florida (US)
    • December 5, 1988
    ...the legislature was presumed to have considered that potential detriment in enacting the discovery privilege. See Burton v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987). In Segal v. Roberts, 380 So.2d 1049 (Fla. 4th DCA 1979), cert. denied, 388 So.2d 1117 (Fla.1980), the plaintiff brought a mal......
  • Brown v. Montanez, No. 4D12–920.
    • United States
    • Court of Appeal of Florida (US)
    • June 27, 2012
    ...officer, defendant waived psychotherapist-patient privilege). Finally, they also relied on David J. Burton, D.M.D., P.A. v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987) (holding that medical records of the physician's treatment for drug abuse were subject to disclosure in medical malpractice ca......
  • State, Dept. of Highway Safety and Motor Vehicles v. Krejci Co., Inc., No. 89-01794
    • United States
    • Court of Appeal of Florida (US)
    • June 8, 1990
    ...or introduction into evidence in a civil action against a health care provider. § 766.101(5), Fla.Stat. (1989); Burton v. Becker, 516 So.2d 283 (Fla. 2d DCA 1987). These medical review committee records, however, are not immune from discovery in administrative disciplinary actions where the......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT