Moore v. Golson, 1D01-1777.

• Decision Date: 26 September 2001
• Docket Number: No. 1D01-1777.,1D01-1777.
• Parties: Michael W. MOORE, as Secretary for the Department of Corrections; Kris B. Robinson, as Personal Representative of the Estate of Arline Y. Batali, M.D.; Jose Garriga, M.D.; Matthew Jenkins; L.T.D. Robinson; Barbara Thomas, R.N.; and Raymond Waters, R.N., Petitioners, v. Ebony GOLSON, as Personal Representative of the Estate of Rudolph Golson, Jr., Respondent.
• Court: Florida District Court of Appeals

794 So.2d 752

Michael W. MOORE, as Secretary for the Department of Corrections; Kris B. Robinson, as Personal Representative of the Estate of Arline Y. Batali, M.D.; Jose Garriga, M.D.; Matthew Jenkins; L.T.D. Robinson; Barbara Thomas, R.N.; and Raymond Waters, R.N., Petitioners, v. Ebony GOLSON, as Personal Representative of the Estate of Rudolph Golson, Jr., Respondent.

No. 1D01-1777.

District Court of Appeal of Florida, First District.

September 26, 2001.

Melease Jackson of Henry, Buchanan, Hudson, Suber & Carter, P.A., Tallahassee, for Petitioners.

Sharon C. Degnan of Diane H. Tutt, P.A., Plantation, for Respondent.

ERVIN, J.

Michael Moore, Secretary of the Department of Corrections; Kris B. Robinson, Personal Representative of the Estate of Arline Y. Batali, M.D.; Jose Garriga, M.D.; Matthew Jenkins; L.T.D. Robinson; Barbara Thomas, R.N.; and Raymond Waters, R.N. (hereinafter collectively referred to as "DOC"), seek a common-law writ of certiorari to quash an order of the trial court compelling production of a report concerning the death of inmate Rudolph Golson, Jr., son of respondent, Ebony Golson. DOC contends that the trial court departed from the essential requirements of law, because the report was protected from discovery by section 766.101, Florida Statutes (2000). We agree and grant the petition.

Respondent sued the petitioners alleging negligence connected with the treatment resulting in the death of inmate Golson during a severe asthma attack, and filed a motion to compel DOC to produce an "outside physician review report" that had been prepared pursuant to DOC's Mortality Review Program. The trial court rejected DOC's assertion that the document was privileged under section 766.101(5), infra, concluding that the statute protects only peer-review proceedings, and the report regarding Golson's death was not submitted for peer-review purposes. On the contrary, the evidence in petitioners' appendix and the applicable statutory authority bar respondent from discovery of this document.

Section 945.6032(1), Florida Statutes (2000), requires DOC to establish a "medical review committee" under section 766.101 for the purpose of providing supervision over DOC's inmate health-care quality-management program. Section 766.101(5) provides that the records of medical review committees created in conformity with subsection (1)(a) shall be protected from discovery. Subsection (1)(a) defines ten kinds of medical review committee, including in subsection (1)(a)(1)(e):

A committee of the Department of Corrections or the Correctional Medical Authority as created under s. 945.602, or employees, agents, or consultants of either the department or the authority or both[.]

The final paragraph of subsection (1)(a) provides that the ten enumerated committees must have the following goal in order to enjoy the protections guaranteed by the remainder of the statute:

[T]o evaluate and improve the quality of health care rendered by providers of health service or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area[.]

Section 766.101(5) provides, in pertinent part:

The investigations, proceedings, and records of a committee as described in the preceding subsections shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee[.]

Health Services Bulletin No. 15.09.09, issued by DOC's Office of Health Services, sets forth DOC's "Mortality Review Program," which is commenced whenever an inmate dies under DOC's care. The Bulletin details the hierarchy of administrative responsibilities within the program. It begins by stating the following purpose of the program, which...