September 10, 2008
Jodi Benjamin v. Tandem Healthcare, Inc.
Case Number(s):
SC07-2423

Transcript:

Summary:

Marlene Gagnon, a nursing home resident, died after choking on some food. Ms. Benjamin, the personal representative of Ms. Gagnon's estate, sued the nursing home and sought records under a provision of the state constitution called "Patients' Right to Know." The nursing home refused, arguing that provision applied only to hospitals and doctors. The trial judge disagreed and ordered that the nursing home provide the records. However, the Fourth District Court of Appeal overturned that order. The 4th DCA also asked this Court to consider the issue as one of "great public importance."