108 So. 3d 570
Fla.2012Background
- Hasan sued Garvar for dental malpractice alleging delay in diagnosis and resulting bone infection and ongoing damages.
- Hasan’s treatment history includes Sehaumberg, an unparty treating physician who treated Hasan after Garvar.
- OMSNIC insured Garvar and Sehaumberg; OMSNIC retained counsel for Garvar and paid for Sehaumberg’s attorney.
- An ex parte private predeposition conference occurred between Sehaumberg and an insurer-provided attorney, despite a trial court order and a Fourth District ruling.
- Hasan sought a protective order; the trial court denied it, and the Fourth District denied certiorari relief, prompting review by the Florida Supreme Court.
- The issue presented is whether Florida’s physician-patient confidentiality statute, § 456.057(8), prohibits ex parte meetings between a nonparty treating physician and insurer-provided counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 456.057(8) bars ex parte meetings with insurer-provided counsel | Hasan argues the statute protects confidential medical information and forbids ex parte meetings | Garvar contends the statute does not prohibit such meetings and protects physician counsel rights | Yes; ex parte meetings are prohibited by the statute |
Key Cases Cited
- Acosta v. Richter, 671 So.2d 149 (Fla. 1996) (confidentiality narrowed to limited exceptions; ex parte meetings prohibited)
- Dannemann v. Shands Teaching Hospital & Clinics, Inc., 14 So.3d 246 (Fla. 1st DCA 2009) (externally hired counsel to nonparty physicians prohibited)
- Hannon v. Roper, 945 So.2d 534 (Fla. 1st DCA 2006) (nonparty physicians’ meetings with insurer counsel prohibited)
- Coralluzzo v. Fass, 450 So.2d 858 (Fla. 1984) (initial stance on ex parte communications before 1988 amendment)
- Franklin v. Nationwide Mutual Fire Insurance Co., 566 So.2d 529 (Fla. 1st DCA 1990) (first district held confidentiality generally barred ex parte meetings)
- Acosta v. Richter, 671 So.2d 149 (Fla. 1996) (affirmed broad physician-patient privilege and limited disclosures; plain-meaning construction)