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...

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