Florida Supreme Court issued an opinion on Amendment 7
Supreme Court issued an opinion on Amendment 7 in the case of Estate of Ampuero
v. Cedars. A copy of that decision is attached. The Florida Supreme
Court reversed the Third District Court of Appeal and declared the â€œsame or
similar medical conditionâ€ limitation imposed by the Third DCA to be
invalid. As a consequence, a Plaintiff/patient can now request all
adverse medical incidents for a facility and/or practitioner without limitation
in time or scope. The request need not be relevant or material to the
issues being litigated.
For documents which describe an adverse medical
incident, the only presently recognized exceptions to production are objections
based upon attorney/client privilege and/or the opinion work product doctrine.
There are still no Florida appellate decisions interpreting the PSQIA or
PSO/patient safety work product privilege.