West Florida Regional Medical Center, Inc., etc. v. See, et al.Annotate this Case
Plaintiff filed a negligence action against Dr. Mary Jane Benson, Dr. George C. Rees, and West Florida Hospital, alleging that the doctors were negligent in rendering medical care to her, which resulted in excessive liver damage. Plaintiff's claim against the hospital were based on both vicarious liability for Dr. Benson's negligence, as well as liability for the direct negligence in granting medical staff privileges to both doctors, which led to the medical care and procedures performed. The court approved the First District's decision because it held that the trial court correctly ordered the disclosure of a blank application for medical staff privileges. Section 381.0287(b)1 impermissible attempted to limit the disclosure requirements of article X, section 25 of the Florida Constitution (Amendment 7), and the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. 11101 et seq., did not preempt Amendment 7. In accordance with the court's decision, the court disapproved of the decision of the Fourth District in Tenet Healthsystem Hospitals, Inc. v. Taitel and its contrary holding that a blank form used by a hospital for nurse credentialing was confidential and protected by disclosure.