District Court of Appeal of Florida
N. Broward Hosp. Dist. v. Kroll, 4D05-4310
A petition for certiorari review of an order requiring the production of incident reports and peer review records in a pending medical malpractice suit is denied where the trial court correctly held that Amendment 7 -- regarding patients' right to access to certain records -- was self-executing and extended to records created before its adoption, and that a statute relating to the Amendment's retroactivity was unconstitutional. Conflict is certified on the issue of retroactivity.
Appellate Information
- Decided 11/08/2006
- Published 11/08/2006
Judges
- PER CURIAM.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- Vanessa A. Reynolds and Janine Kalagher McGuire of Conrad & Scherer, LLP, Fort Lauderdale, for petitioner., Jerome W. Hoffman of Holland & Knight LLP, Tallahassee, and Michael G. Tanner and Cynthia L. Hain of Holland & Knight LLP, Jacksonville, for Amicus Curiae Florida Hospital Association, Inc.
- For Appellees:
- Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, and Scott M. Newmark of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for respondents.