Florida voters approved a constitutional amendment in 2004 that was entitled "Patients' Right to Know About Adverse Medical Incidents." The Fifth District Court of Appeal certified three questions of public importance based on its rulings that the constitutional amendment was not retroactive, was self-executing, and that it preempted Florida statutes providing for the confidentiality of some hospital records. This case arose out of a medical malpractice lawsuit filed against Florida Hospital Waterman by Ms. Butler. In an unrelated case on the same issue, the First District Court of Appeal invalidated a new law adopted by the Legislature to enforce the constitutional amendment. The 1st DCA likewise found that the constitutional amendment was self-executing, but certified conflict with the Fifth District's conclusion that it should be applied retroactively. That ruling arose out of a medical malpractice lawsuit brought by Ms. Bowen against Notami Hospital.