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Keywords

plaintiffdefendantnegligencestatuteappealtrial

plaintiffdefendantnegligencestatuteappealtrialmalpracticecommon law

Related Cases

Acosta v. Richter, 671 So.2d 149, 21 Fla. L. Weekly S29

Facts

Nancy Richter and Gary Richter filed a medical negligence action against Frank J. Bagala, M.D., and Rudolph Acosta, M.D. During pre-trial proceedings, Dr. Acosta requested an order for ex parte conferences between his counsel and the plaintiffs' treating physicians, which the trial court granted. The Richters sought certiorari review, and the Second District Court of Appeal quashed the trial court's order, acknowledging a conflict with a Third District decision.

Nancy Richter and Gary Richter filed a medical negligence action against Frank J. Bagala, M.D., and Rudolph Acosta, M.D. During pre-trial proceedings, Dr. Acosta sought an order approving ex parte conferences between his counsel and the plaintiffs' treating physicians. Dr. Bagala joined in the request. The trial court granted the request and authorized defense counsel to have ex parte discussions with the Richters' treating physicians.

Issue

Whether defense counsel in a medical negligence action is barred from having an ex parte conference with a claimant's current treating physicians under the provisions of section 455.241(2), Florida Statutes (1993).

At issue is whether defense counsel in a medical negligence action is barred from having an ex parte conference with a claimant's current treating physicians under the provisions of section 455.241(2), Florida Statutes (1993).

Rule

Section 455.241(2), Florida Statutes (1993), provides for a broad physician-patient privilege of confidentiality for a patient's medical information and a limited exception for disclosure by a defendant physician in a medical negligence action.

We hold that section 455.241(2), Florida Statutes (1993), creates a physician-patient privilege of confidentiality for the patient's personal medical information, and a limited exception to the privilege for a defendant-health care provider that reasonably expects to be named as a defendant in a medical negligence action.

Analysis

The Supreme Court analyzed the statutory language of section 455.241(2) and concluded that it creates a physician-patient privilege of confidentiality, allowing disclosure only in specific circumstances, such as when a health care provider is named as a defendant. The court emphasized that the statute does not permit ex parte communications, as this would undermine the confidentiality intended by the legislature.

The present controversy has its genesis in Coralluzzo v. Fass, 450 So.2d 858 (Fla.1984), where, in a medical malpractice action, this Court held there was no common law or statutory privilege of confidentiality as to physician-patient communications in Florida and, hence, there was no legal impediment to ex parte conversations between a patient's treating doctors and the defendants or their representatives.

Conclusion

The Supreme Court approved the decision of the Court of Appeal, quashing the trial court's order for ex parte conferences and disapproving conflicting decisions from other districts.

Accordingly, we approve the decision below in Richter v. Bagala, 647 So.2d 215 (Fla. 2d DCA 1994).

Who won?

The Richters prevailed in the case because the Supreme Court upheld the confidentiality of patient information and ruled that ex parte communications were not authorized under the statute.

The Richters sought review by certiorari, and the Second District Court of Appeal quashed the trial court order, Richter, 647 So.2d at 217, and acknowledged conflict with the Third District decision in Johnson.

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