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6th DCASeptember 29, 2023Petition Granted in Part and Denied in Part🔬 Novel Issue

Regala v. McDonald

Case No. 6D2023-0592

In a medical malpractice/negligent credentialing suit, defendants sought certiorari review of an order compelling answers to four interrogatories about the credentialing process. The Sixth DCA held that Amendment 7 (Art. X, § 25, Fla. Const.) provides only a right of access to records and does not authorize interrogatories, and that the peer review/credentialing immunity statutes (§§ 395.0191(8), 395.0193(8), 766.101(5)) shield the identities of credentialing committee members and information the physician learned only through the credentialing process.

Key facts

  • Plaintiff sued defendants for medical malpractice and negligent credentialing; defendants sought certiorari review of a trial court order compelling answers to four interrogatories about the credentialing process.
  • The trial court ordered disclosure of information about credentialing committee membership, peer review proceedings, and related documents despite defendants' assertion of constitutional and statutory immunity.
  • +2 more key facts with a free trial

Why it matters

This is the Sixth DCA's first substantive treatment of Amendment 7's reach and it draws a clear line: Amendment 7 unlocks records, not interrogatory answers or document-identification lists. Defense counsel in negligent… — full analysis with a trial

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