West Florida Regional Medical Center, Inc. v. See
79 So. 3d 1
| Fla. | 2012Background
- See sued West Florida Hospital and Drs. Benson and Rees for negligent grant of medical staff privileges after gallbladder surgery complications caused progressive liver damage.
- See sought discovery of West Florida Hospital's credentialing files, training records, and Amendment 7 adverse medical incident records, and West Florida Hospital sought protective orders asserting Amendment 7 and HCQIA conflicts.
- Trial court issued two orders: first upheld Amendment 7 against preemption and rejected broad protection; second granted partial protective relief but did not seal blank applications or specific credentialing materials beyond Amendment 7’s scope.
- First District affirmed no departure from law and held that a blank application for medical staff privileges is not protected by sections 766.101(5) and 395.0191(8) but is subject to Amendment 7 disclosure; Amendment 7 retroactively applies to blank applications.
- Court concluded HCQIA does not preempt Amendment 7 and rejected a narrow reading of 381.028(7)(b)1; disapproved Taitel’s position on blank forms and upheld disclosure.
- This opinion ultimately approves the First District’s ruling ordering disclosure of the blank medical staff application and rejects the argument that 381.028(7)(b)1 limits Amendment 7 disclosure or that HCQIA preempts Amendment 7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether blank medical staff applications are privileged | See contends blank forms are confidential under 766.101(5) and 395.0191(8). | West Florida Hospital asserts blank forms are privileged and not subject to Amendment 7. | Blank applications not protected; Amendment 7 requires disclosure. |
| Whether Amendment 7 applies retroactively to blank applications | See argues Amendment 7 should apply to records previously sheltered by statutes. | West Florida Hospital argues retroactivity is limited. | Amendment 7 retroactively applicable to require disclosure. |
| Whether HCQIA preempts Amendment 7 | See asserts HCQIA preempts state disclosure via implied conflict preemption. | West Florida Hospital argues preemption exists. | HCQIA does not preempt Amendment 7. |
| Whether Section 381.028(7)(b)1 improperly limits Amendment 7 disclosures | See claims 381.028(7)(b)1 narrows discovery beyond Amendment 7. | West Florida Hospital contends statutory limits apply. | Section 381.028(7)(b)1 impermissibly limits Amendment 7 disclosures. |
Key Cases Cited
- Cruger v. Love, 599 So.2d 111 (Fla. 1992) (confidentiality of documents considered in peer review relied on)
- Brandon Regional Hosp. v. Murray, 957 So.2d 590 (Fla. 2007) (list of privileges may be discoverable; confidentiality scope refined)
- Florida Hosp. Waterman, Inc. v. Buster, 984 So.2d 478 (Fla. 2008) (Amendment 7 retroactivity and scope of disclosure confirmed)
- Columbia Hosp. Corp. of S. Broward v. Fain, 16 So.3d 236 (Fla. 4th DCA 2009) (HCQIA preemption analysis; conflict with Amendment 7 rejected)
- Taitel, Tenet Healthsystem Hospitals, Inc. v. Taitel, 855 So.2d 1257 (Fla. 4th DCA 2003) (blank nurse-credentialing form confidentiality reversed by See)
- Florida Hospital Waterman v. Buster, 984 So.2d 478 (Fla. 2008) (reaffirmed Amendment 7’s retroactive application and scope)
- Wyeth v. Levine, 555 U.S. 555 (U.S. 2009) (preemption analysis framework and purpose of Congress)