Florida Supreme Court
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October 5, 2016
Jean Charles Jr., etc., et al., v. Southern Baptist Hospital of Florida, Inc., etc., et al.
Mr. Charles and other family members filed a medical malpractice lawsuit, alleging Southern Baptist Hospital injured his sister, leaving her in need of around-the-clock care. Citing a provision of the state constitution approved by voters in 2004, the family sought hospital records documenting “adverse medical incidents.” The hospital would not release all the records requested, citing a 2005 federal law making some hospital records documenting mistakes confidential. The trial court ordered the hospital to provide the records; the First District Court of Appeal overturned the trial court and ruled the documents were confidential under federal law.