Legal Opinion · Dissent

Amber Edwards v. Larry D. Thomas, M.D.

Supreme Court of Florida

Decided October 26, 2017No. SC15-1893Published

1Dissent

' LAWSON, J.,

dissenting.

Because..the plain language of our constitution requires this Court to approve the Second District’s decision shielding expert reports prepared in anticipation of litigation—rather than in the course of business—from disclosure pursuant to Amendment 7,1 respectfully dissent.

Amendment 7 provides in pertinent part that “patients have a right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.” Art. X, § 25(a), Fla. Const. (emphasis added). Work product prepared in…

2Cases cited4 opinions

  1. Florida League of Cities v. SmithSupreme Court of Florida · 1992
  2. Advisory Opinion to the Attorney General re Patients' Right to Know About Adverse Medical IncidentsSupreme Court of Florida · 2004
  3. Progressive American Ins. Co. v. LanierDistrict Court of Appeal of Florida · 2001
  4. Bartow HMA, LLC v. EdwardsDistrict Court of Appeal of Florida · 2015

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