Dominguez v. Omana, M.D.
In a medical malpractice case, the trial court overruled the plaintiff's objections to non-party subpoenas seeking 'any and all' medical records for the prior ten years and refused an in-camera inspection. The Sixth DCA granted certiorari and quashed, holding that although the plaintiff waived privacy in relevant records by suing, the subpoenas cast too wide a net and the trial court was required to either narrow their scope or conduct an in-camera review.
Key facts
- Plaintiff sued for medical malpractice against defendant physician Dr. Omana, placing her physical condition at issue in the case.
- Defense counsel served non-party subpoenas seeking 'any and all' medical records for the prior ten years; plaintiff objected on privacy grounds.
- +2 more key facts with a free trial
Why it matters
This gives Sixth DCA litigants a clear, citable rule for resisting blanket medical-records subpoenas in personal injury and med-mal cases: overbreadth alone triggers a mandatory choice between narrowing or in-camera… — full analysis with a trial
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