Breeden v. Cook

The petitioner is a plaintiff in a medical malpractice action. He seeks review of a trial court order that compelled production of medical records. He argues that the records are protected by section 397.501, Florida Statutes (2002). We agree, grant the petition, issue the writ, and quash the order compelling production.

The petitioner is, a physician, who sued the defendants for malpractice concerning ankle surgery and follow-up medical care for a resulting infection. He alleged that he suffered bodily injury, resulting pain and suffering, disability, disfigurement, hospital and medical…