George Meros and Andy Bardos Successfully Challenge Decision for Client Southern Baptist Hospital

TALLAHASSEE, FL – November 5, 2015 – Attorney George N. Meros, Jr., shareholder in GrayRobinson’s Tallahassee law firm office and Andy V. Bardos, also a shareholder in GrayRobinson’s Tallahassee law firm office, successfully challenged three discovery orders that would have required Southern Baptist Hospital of Florida – and potentially other Florida hospitals – to produce certain records of adverse medical incidents that are privileged and confidential under the federal Patient Safety and Quality Improvement Act of 2005. The First District Court of Appeal quashed the trial court orders on October 29, 2015.

In the underlying medical malpractice case, Jean Charles, as next friend and guardian of Marie Charles, et al. v. Southern Baptist Hospital of Florida, Inc., the circuit court ordered Southern Baptist Hospital to produce certain documents consisting of primarily incident reports. The court broadly interpreted Article 10, Section 25 of the Florida Constitution, a 2004 constitutional amendment that created a right to access "any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident," to require disclosure of all reports of adverse medical incidents.

On certiorari review, Meros and Bardos argued – and the First District agreed – that the incident reports at issue were "patient safety work product" which the federal Patient Safety and Quality Improvement Act protects as privileged and confidential. That Act was intended to develop a national confidential and non-punitive system of data-sharing of healthcare errors among the health care industry for the purpose of improving the quality of medical care and patient safety. The First District found that, as it relates to patient safety work product, the Act expressly preempts the right of access under Article 10, Section 25 of the Florida Constitution. 

Read the opinion for Southern Baptist Hospital of Florida, Inc. v. Jean Charles, etc., et al., Case No. 1D15-0109 (Fla. 1st DCA Oct. 29, 2015) here