In The Courts
Florida's peer review privilege, already damaged by Amendment 7 allowing patients to access peer review records regarding adverse incidents involving their providers, has taken another huge hit.
In Doe v. Department of Health (Case 2D06-1273), the Second District Court of Appeal ruled that the protections of F.S. 766.101 do not prevent the Department of Health from obtaining peer review documents during its investigation of physicians. While the Court emphasized that such records could not be released to the public, it specifically held that the Department could use such records in a physician disciplinary proceeding.
The result of this case is devastating to the alleged peer review privilege. Physicians and hospitals must now conclude that all peer review documents will be available to patients under Amendment 7 and to the Department under this new ruling. While the peer review participants (other than the subject of the complaint) remain protected, physicians should be cognizant that they will not be protected by the purported peer review privilege.
Page updated: 1/19/07
- Syllabus from FL Chapter Residents and Med. Students Meeting
- Save the Date! FL Chapter Scientific Meeting
August 22-24, 2014
- 2014 FL Chapter Meeting Exhibitor/Sponsorship Information Packet
- March 2014 of "News & Notes" from Florida's Internal Medicine Residency Programs
- View/download presentations from 2013 FL Chapter Meeting
- Florida Chapter E-News - November 2013
- 2014 Florida Chapter Legislative Agenda
- FL Grassroots Advocacy Center
- Member Accomplishments