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Ventimiglia v. Moffitt, M.D

District Court of Appeal of Florida, Fourth District
Feb 25, 1987
502 So. 2d 14 (Fla. Dist. Ct. App. 1987)

Summary

approving discovery of patient medical records after deletion of names to protect confidentiality

Summary of this case from Rojas v. Ryder Truck Rental, Inc.

Opinion

No. 4-86-1719.

December 17, 1986. Rehearing and Rehearing En Banc Denied February 25, 1987.

Petition from the Circuit Court, Palm Beach County, Timothy P. Paulton, J.

Gregory Barnhart of Montgomery, Searcy Denney, P.A., and Russell S. Bohn of Edna L. Caruso, P.A., West Palm Beach, for petitioners.

Daniel J. Lewis of Kern, Augustine Glantz, Fort Lauderdale, for respondents, Joan E. Moffitt, M.D. and Moffitt and Moffitt, P.A.


We deny the petition for writ of certiorari seeking to set aside the trial court's order compelling a physician-witness to produce copies of records of other patients he has treated for conditions similar to that suffered by the claimant. The trial court provided that any possible reference to the identity of the patients be deleted from the records and protected from discovery. The trial court's order relied on the fact that the physician predicated his diagnosis and opinion in claimant's case, at least in part, upon his experience with the other patients. Hence, the court concluded that discovery of the medical history of those patients was relevant to the issues involved in claimant's action against the respondents. We believe the trial court acted within its discretion in permitting discovery of relevant material while protecting the confidentiality of the physician's other patients. Cf. Fischer v. Hofmann Wholesale Nurseries, Inc., 487 So.2d 413 (Fla. 4th DCA 1986).

ANSTEAD, GLICKSTEIN and DELL, JJ., concur.


Summaries of

Ventimiglia v. Moffitt, M.D

District Court of Appeal of Florida, Fourth District
Feb 25, 1987
502 So. 2d 14 (Fla. Dist. Ct. App. 1987)

approving discovery of patient medical records after deletion of names to protect confidentiality

Summary of this case from Rojas v. Ryder Truck Rental, Inc.

permitting discovery of medical records while protecting patient confidentiality

Summary of this case from Baptist Memorial Hospital v. Johnson

In Ventimiglia, the same court denied a petition for writ of certiorari seeking to vacate an order compelling a physician-witness to produce the records of other patients who had been treated for conditions similar to that suffered by the claimant.

Summary of this case from Amente v. Newman

In Ventimiglia v. Moffitt, 502 So.2d 14 (Fla.Dist.Ct.App. 4th Dist. 1986), the Circuit Court ordered a physician to produce copies of records of other patients he had treated for conditions similar to that suffered by the claimant.

Summary of this case from Fischer v. Hartford Hospital
Case details for

Ventimiglia v. Moffitt, M.D

Case Details

Full title:ANTHONY VENTIMIGLIA, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 25, 1987

Citations

502 So. 2d 14 (Fla. Dist. Ct. App. 1987)

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