The 2023 Florida Statutes (including Special Session C)
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. . . . § 395.0191(7), which provides: There shall be no monetary liability on the part of, and no cause of . . .
. . . Hakki's second amended complaint on the basis that it was immune from the suit pursuant to sections 395.0191 . . . .3d 1027 (Fla. 4th DCA 2011), the trial court agreed with the hospital that the immunity in section 395.0191 . . . Hakki's complaint arose out of the reappointment process such that the immunity in section 395.0191(7 . . . The requirement to allege the existence of extrinsic evidence derives from section 395.0191(8)'s prohibition . . . Hakki's allegations show that he could present evidence not protected by section 395.0191(8) demonstrating . . .
. . . monetary damages or injunctive relief related to the appointment or reappointment of staff under section 395.0191 . . .
. . . Additionally, “Amendment 7 trumps the application of the statutory discovery protections set forth in sections 395.0191 . . . some of the documents could fall within the statutory protections set forth in sections 381.028(6)(b), 395.0191 . . .
. . . See §§ 395.0191(8), 395.0193(8), 766.101(5), Fla. Stat. (2010); W. Fla. Reg’l Med. Ctr., Inc. v. . . .
. . . . § 395.0191(7). See Lawnwood Med. Ctr., Inc. v. . . . Ash-kenazi’s claims arose out of the processes covered by § 395.0191. As a result, Dr. . . . Ashkenasi argues that § 395.0191 is modeled after a federal statute that exempts similar professional-review . . . But we must apply the plain language of § 395.0191, as written and enacted by the Florida Legislature . . . did not sufficiently plead intentional fraud, and his FCRA age-based retaliation suit is barred by § 395.0191 . . .
. . . privilege and/or the peer review/risk management/quality assurance discovery limitations under sections 395.0191 . . . Furthermore, Amendment 7 trumps the application of the statutory discovery protections set forth in sections 395.0191 . . .
. . . . § 395.0191(7)-(8). Dr. . . .
. . . Even if a blank application falls within the purview of sections 766.101(5) and 395.0191(8), Amendment . . . Blank Application Not Protected Under Sections 766.101(5) and 395.0191(8) Sections 766.101 and 395.0191 . . . See §§ 766.101, 395.0191, Fla. Stat. . . . Similarly, section 395.0191(8), provides: The investigations, proceedings, and records of the board, . . . This Court elaborated further on the scope of sections 766.101 and 395.0191 in Brandon Regional Hospital . . .
. . . See §§ 395.0191(8), .0193(8); § 766.101(5), Fla. Stat. (2007). . . . .
. . . the trial court erred in entering the injunction because it is immune from liability under section 395.0191 . . . The hospital argues that section 395.0191, Florida Statutes (2009) provides the hospital with immunity . . . Section 395.0191 provides certain privileges and protections for the management of hospital personnel . . . Absent specific allegations of intentional fraud, section 395.0191’s immunity protects the hospital. . . . .” § 395.0191(4), Fla. . . .
. . . The Claim of Immunity from Contract Liability Lawnwood’s claim of immunity is founded on § 395.0191(7 . . . The provisions of § 395.0191 lay down general rules for hospitals in setting up procedures and standards . . . The immunity of § 395.0191(7) is not a broad, general grant immunizing every kind of hospital liability . . . evidence that has been received in these proceedings, and on the law which I have instructed you.” . § 395.0191 . . .
. . . protecting documents maintained by hospitals from discovery in civil litigation, including sections 395.0191 . . . of privilege for the documents contained in the Hospital’s credentialing files arise under sections 395.0191 . . . Section 395.0191(8) provides, in pertinent part, as follows: The investigations, proceedings, and records . . . services arising out of matters which are the subject of evaluation and review by such board.... § 395.0191 . . . See § 395.0191(8); § 766.101(8); Buster, 984 So.2d at 490-91. . . .
. . . See §§ 395.0191(8), 395.0193(8), and 766.101(5), Fla. . . .
. . . See §§ 395.0191(8), .0193(8), 766.101(5), Fla. Stat. (2007). . . . Supreme Court addressed Amendment 7’s application to existing medical records protected under sections 395.0191 . . . See §§ 395.0191, .0193, 766.101, .1016, Florida Statutes (2007). . . . .
. . . contents of the credentialing files which Baptist claims are not discoverable pursuant to sections 395.0191 . . . Section 395.0191(8), Florida Statutes (2007), provides that the procedure for applying for staff membership . . . Such a result would violate sections 395.0191(8) and 766.101(5), the very purpose of the statutory exclusions . . . , which would necessarily include the disclosure of documents not discoverable pursuant to sections 395.0191 . . . Order quashed without prejudice. . 395.0191 Staff membership and clinical privileges. (8) The investigations . . .
. . . See §§ 395.0191(8), 395.0193(8), 766.101(5), Fla. Stat. (2005); cf. § 766.1016(2), Fla. . . . See §§ 395.0191(8), 395.0193(8), 766.101(5), 766.1016(2), Fla. Stat. (2005). . . . medical incidents otherwise provided by law, including, but not limited to, those contained in ss. 395.0191 . . . hospital committee, or other hospital board otherwise provided by law, including, but not limited to, ss. 395.0191 . . . The sections protecting records and statements in peer review are sections 395.0191(8), 395.0193(8), . . .
. . . First, section 395.0191, Florida Statutes (2006), which outlines the rules pertaining to hospital staff . . . Section 395.0191 was originally enacted as section 395.011, Florida Statutés (Supp. 1982), but has been . . .
. . . Blocker objected to production of the list, and Brandon sought a protective order under sections 395.0191 . . . DCA 1999), and was not entitled to the confidentiality protection provided by sections 766.101 and 395.0191 . . . professional health services arising out of matters that are the subject of evaluation and review. §§ 395.0191 . . . member of a hospital staff, is protected from discovery under the confidentiality provisions of sections 395.0191 . . . discovery of documents created by a peer review committee in civil litigation under sections 766.101 and 395.0191 . . .
. . . Stat. (2005) (quality assurance nursing homes); § 395.0191(8), Fla. . . . See, e.g., § 395.0191(7), Fla. Stat. (2005) (credentialing); § 395.0193(5), Fla. . . .
. . . because the documents at issue fall within the peer review privilege set forth in sections 766.101(5) and 395.0191 . . . not subject to discovery because it falls within the statutory privilege in sections 766.101(5) and 395.0191 . . . Section 395.0191(8) provides that the investigations, proceedings, and records of the board that decides . . . JFK argues that under sections 766.101(5) and 395.0191(8), proceedings and records of a review committee . . .
. . . that the list is privileged from discovery and use in the underlying litigation pursuant to sections 395.0191 . . .
. . . Palms argues that section 766.101(5) and section 395.0191(8), Florida Statutes (2000), makes the information . . . The provisions of section 766.101(5) and section 395.0191(8) create the privilege asserted by Palms. . . . Section 395.0191(8), Florida Statutes (2000), provides: The investigations, proceedings, and records . . .
. . . should not operate to deny staff privileges in an arbitrary, unreasonable, or capricious manner); § 395.0191 . . .
. . . See section 395.0191(7), Fla. Stat. (1997). . . .
. . . In contesting the motion, the hospital admitted that it did not comply with either section 395.0191(4 . . . others and by such other elements as determined by the governing board, consistent with this part. § 395.0191 . . . It was also undisputed that JFK did not make the determinations set forth in section 395.0191(4), Florida . . .
. . . The claims against the Hospital were based on violation of section 395.0191, Florida Statutes (1995) . . .
. . . material ordered produced in the instant case is protected by the statutory privilege provided in sections 395.0191 . . .
. . . Holmes contends the information sought is privileged under sections 395.0191(8), 395.0193(7) and 766.101 . . .
. . . from different sources, they are privileged and protected from discovery under sections 766.101(5) and 395.0191 . . .
. . . to those documents which contain information which falls within the privilege set forth in section 395.0191 . . .
. . . providing medical review committee records a qualified privilege from discovery); Fla.Stat.ch. 766.101(5) & 395.0191 . . .
. . . Columbia contends the documents are privileged pursuant to sections 766.101(5) and 395.0191(8), Florida . . .
. . . hospital’s contention the documents requested were privileged pursuant to section 766.101(5) and section 395.0191 . . .
. . . Reiff alleged in his petition that the bylaws violate section 395.0191, Florida Statutes (1995), because . . . Section 395.0191(1) prohibits licensed hospitals from discriminating against licensed health care professionals . . . psychologists’ privileges are premised upon the hospital’s reasonable needs; thus, they did not violate section 395.0191 . . . Section 395.0191(1), Florida Statutes (1995), provides: No licensed facility, in considering and acting . . . Section 395.0191(1), adding the provision banning discriminatory practices against the class of psychologists . . . I would affirm without reaching appellant’s contention that the bylaws violate section 395.0191, Florida . . .
. . . question of whether the statutory medical peer review privilege established by Florida Statutes §§ 395.0191 . . . Florida Statutes §§ 395.0191(8) (applicable to hospital boards), 395.0193(7) (applicable to a hospital . . . Ann. §§ 395.0191(8) (West Supp.1997), 395.0193(7) (West Supp.1997), 766.101(5) (West Supp. 1997). . . .
. . . privileged and not discoverable because they: (1) are “peer review” records protected by Florida Statutes §§ 395.0191 . . . Pan American bases its objections on Florida Statutes §§ 395.0191(8) and 766.101(5). B. . . . Protection sought for peer review records Florida Statutes § 395.0191(8) states in relevant part: The . . . Fla.Stat.Ann. § 395.0191(8) (West Supp.1997) (emphasis added). . . . We hold that the privilege provided by sections 766.101(5) and [395.0191(8) ], Florida Statutes, protects . . .
. . . because the information sought is protected from disclosure and discovery by the provisions of sections 395.0191 . . . See §§ 395.0191(8), 395.0193(7) and 766.101(5). The petition is granted in part. . . .
. . . request on the basis that it sought disclosure of documents privileged under subsections 766.101(5), 395.0191 . . .
. . . Section 395.011(8), Florida Statutes (1991), now codified as section 395.0191(7), Florida Statutes (1993 . . . law causes of action is buttressed by a limitation on discoverable and admissible evidence in section 395.0191 . . . Both sections 395.0191 and 766.101 were created by chapter 85-175, Laws of Florida. . . . services arising out of matters which are the subject of evaluation and review by such board...." § 395.0191 . . .
. . . Reis, 638 So.2d 530 (Fla.Dist.Ct.App.1994) (applying Fla.Stat. ch. 766.101(5) & 395.0191(8) (1993)). . . .
. . . . § 395.0191 (1993)): (5) The governing board of each licensed facility shall set standards and procedures . . .
. . . to the subpoenas on the ground that the records sought were privileged under sections 766.101(5) and 395.0191 . . . Sections 395.0191 and 766.101(5) establish the same privilege against disclosure; section 395.-0191 applies . . .