Love v. Cruger, 90-2077

Decision Date31 October 1990
Docket NumberNo. 90-2077,90-2077
Citation570 So.2d 362
Parties15 Fla. L. Weekly D2687 Douglas J. LOVE, Petitioner, v. Eloise Posey CRUGER, as Parent and Guardian of the Minor, Ashanti Posey, Respondent.
CourtFlorida District Court of Appeals

Petitioner for Writ of Certiorari to the Circuit Court for Broward County; Patricia W. Cocalis, Judge.

James C. Sawran of Billing, Cochran, Heath, Lyles & Mauro, P.A., Fort Lauderdale, for petitioner.

Richard J. Roselli of Krupnick, Campbell, Malone and Roselli, P.A., Fort Lauderdale, for respondent.

PER CURIAM.

Douglas J. Love, M.D., defendant in a medical malpractice suit concerning treatment of a child's fractured thumb, seeks review of an order of the Broward County Circuit Court overruling his objection to a notice of production addressed to three nonparty hospitals in which petitioner has staff privileges. The order effectively authorizes production of a copy of Dr. Love's application for privileges at each of the hospitals and a copy of the document delineating the privileges granted Dr. Love at each of the hospitals. The order makes provision for protection from discovery of any confidential notations which may have been made on the originals of these documents, by allowing petitioner to move for in camera hearing if there are notations on them.

In light of the policy that lies behind the confidentially of records and deliberations of medical review committees, see, e.g., Dade County Medical Association v. Hlis, 372 So.2d 117 (Fla. 3d DCA 1979), as well as the construction placed upon sections 766.101 and 395.011, Florida Statutes, in Tarpon Springs General Hospital v. Hudak, 556 So.2d 831 (Fla. 2d DCA 1980), we believe the items here sought to be produced are privileged from discovery.

The writ is granted, and the trial court's order overruling petitioner's objection is quashed.

DOWNEY and GARRETT, JJ., concur.

GUNTHER, J., dissents without opinion.

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6 cases
  • Paracelsus Santa Rosa Medical Center v. Smith, 99-431.
    • United States
    • Florida District Court of Appeals
    • 21 Mayo 1999
    ...So.2d 1220 (Fla. 5th DCA 1998). See also, Boca Raton Community Hospital v. Jones, 584 So.2d 220 (Fla. 4th DCA 1991); Love v. Cruger, 570 So.2d 362 (Fla. 4th DCA 1990), approved, 599 So.2d 111 (Fla. 1992). If there is a question as to whether the staff-privileges files contain materials not ......
  • Boca Raton Community Hosp. v. Jones, s. 91-1526
    • United States
    • Florida District Court of Appeals
    • 21 Agosto 1991
    ...orders but the trial court compelled production of the requested information. We conclude here, as we concluded in Love v. Cruger, 570 So.2d 362 (Fla. 4th DCA 1990), juris. accepted, 579 So.2d 112 (Fla.1991), that the items sought to be produced are privileged from discovery in view of the ......
  • Cruger v. Love
    • United States
    • Florida Supreme Court
    • 23 Abril 1992
    ...C. Sawran of Billing, Cochran, Heath, Lyles & Mauro, P.A., Fort Lauderdale, for respondent. GRIMES, Justice. We review Love v. Cruger, 570 So.2d 362 (Fla. 4th DCA 1990), on the basis of conflict with Jacksonville Medical Center, Inc. v. Akers, 560 So.2d 1313 (Fla. 1st DCA 1990). We have jur......
  • Columbia Park Medical Center v. Gibbs, 98-1978.
    • United States
    • Florida District Court of Appeals
    • 23 Octubre 1998
    ...contention is misplaced. The courts in Boca Raton Community Hospital v. Jones, 584 So.2d 220 (Fla. 4th DCA 1991) and Love v. Cruger, 570 So.2d 362 (Fla. 4th DCA 1990),approved, 599 So.2d 111 (Fla. 1992) have held that committee reports, including documentation that a physician was given sta......
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