Fla. High Court Ruling Undermines Patient Safety System

Law360, New York (February 23, 2017, 11:34 AM EST) -- Jerome W. Hoffman

Erica Gooden Bartimmo Florida health care providers and facilities need to be aware that documents placed in a voluntary reporting system are no longer cloaked with federal privilege if the documents were collected or maintained pursuant to Florida law. In Charles v. Southern Baptist Hospital of Florida Inc., published on Jan. 31, 2017, the Florida Supreme Court held that adverse incident reports[1] maintained in a provider's patient safety evaluation system (PSE system) are not privileged patient safety work product (PSWP) under the Patient Safety and Quality Improvement Act (PSQIA) which was enacted in 2005.[2]

The high court reasoned...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!