Lee Mem’l Health Sys. v. Smith (Summary)

DISCLOSURE OF MEDICAL RECORD INFORMATION

Lee Mem’l Health Sys. v. Smith, No. 2D10-741 (Fla. Dist. Ct. App. July 16, 2010)

A Florida court of appeal quashed a protective order filed against a hospital that had prohibited the hospital from having private communications with its employed physicians about the patient care being provided to the patient who had sued the hospital. The court found that the physician-patient privilege does not apply to communications between a hospital and its employed physicians because no actual "disclosure" of patient confidential information occurs in the employment relationship under state law.

Parents had filed a medical malpractice lawsuit against a hospital for negligence in treating their infant daughter. The parents sought an order prohibiting the hospital and its legal counsel from having private communications about the child’s treatment with their employed physicians, from whom their daughter was currently receiving follow-up medical care.

The court held that a physician does not disclose or reveal a patient’s confidential medical information within the meaning of the Florida patient confidentiality statute by discussing information obtained in the course of employment with employed physicians who are acting within a certain chain of health care communication. A physician would not be allowed to disclose patient information to all hospital employees; the physician-patient privilege would still preclude disclosure to an employee such as a security guard.