Arlene HAYWOOD, M.D., and Arlene Haywood, M.D., P.A., Petitioners,
v.
John SAMAI and Sheila Samai, Individually and As Parents and Natural Guardians of Cherise Samai, Respondents.
District Court of Appeal of Florida, Fourth District.
Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Coral Gables, for petitioners.
Jesse S. Faerber of Fenster and Faerber, P.A., Plantation, and Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for respondents.
As Revised on Grant of Clarification; Rehearing and Rehearing En Banc Denied October 22, 1993.
ON MOTION FOR REHEARING AND/OR CLARIFICATION
GUNTHER, Judge.
We grant respondents' motion for rehearing and/or clarification, withdraw our earlier opinion and substitute the following:
We grant the petition for writ of common law certiorari in this malpractice action because the trial court departed from the essential requirements of law and there is no adequate remedy on appeal.
Citing McCann v. Foisy,
In their response, respondents/plaintiffs argue that the appointment book with the names and telephone numbers of nonparty patients is relevant in the determination of whether the petitioner doctor was overextended by too many other patients' appointments or whether she could have responded to the plaintiff mother's calls for help. However, we conclude that the actual names and telephone numbers would not be required for that determination. Petitioners could simply be directed to produce the appointment book, with all identifying information about nonparty patients (names, addresses, telephone numbers, etc.) deleted. These patients simply could be acknowledged by dates and times of office visits.
Thus, we agree with petitioners' argument that nonparty patients names and telephones numbers are irrelevant and that revealing their names and telephone numbers would be an invasion of privacy. Accordingly, we grant the petition for writ of common law certiorari and quash the order compelling production of the names and telephone numbers of the nonparty patients listed in Dr. *1155 Haywood's appointment book for the month of December, 1989.
CERTIORARI GRANTED AND ORDER QUASHED.
DELL, C.J., and GLICKSTEIN, J., concur.
