Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DEIDRA BERGMANN, D.O., GENERAL SURGICAL ASSOCIATES, INC., and TENET HEALTHSYSTEMS HOSPITALS, INC., a Foreign Corporation d/b/a WEST BOCA MEDICAL CENTER, Petitioners, v. DANIELLE FREDA and ROBERT SORICELLI, as co-Personal Representati

PER CURIAM.

Petitioner, Deidra Bergmann, D.O., seeks review of an order that requires her to produce her staff privileges application and personal medical records. We grant relief in part and remand for further proceedings with respect to Dr. Bergmann's personal medical records. See Rasmussen v. South Fla. Blood Serv., Inc., 500 So.2d 533, 536-37 (Fla. 1987).

Dr. Bergmann is the defendant in a medical malpractice action. Through discovery plaintiffs learned that Dr. Bergmann is no longer performing surgical procedures, due to a disability caused by an injury and surgery to her left hand following a fall.

At issue is plaintiffs' request for any and all medical records pertaining to Dr. Bergmann's injury, including any applications for disability. The record before us reflects that Dr. Bergmann's fall postdated the medical negligence alleged.

We grant relief on this point as the record does not demonstrate a link between the medical negligence cause of action and Dr. Bergmann's "disability" such that her private medical records should be produced. The case is remanded for the trial court to conduct an in camera review of the medical records to determine whether there is good cause for disclosure, such that the need for the information outweighs the possible harm to Dr. Bergmann. See e.g. H.J.M. v. B.R.C., 603 So.2d 1331 (Fla. 1st DCA 1992).

TAYLOR, HAZOURI and MAY, JJ., concur.

Use AI to get other relevant cases.

Comments

BERGMANN v. FREDA
(Oct 30, 2002)