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Hospital loses court battle to keep medical records secret

Florida Tribune, July 22, 2010

Shands Teaching Hospital must release peer review and internal risk documents to a couple who is suing the hospital for medical malpractice, a Tallahassee appeals court ruled on Tuesday.

First District Court of Appeal Judge Charles Kahn in a 15-page ruling opined that a lower court erred when it denied a motion compelling the hospital to produce the records. Kahn said the records must be turned over because of Amendment 7, a measure that was passed six years ago.

Shands argued that its own internal investigation showed that there was no medical negligence and, therefore, the documents don't need to be produced because Amendment 7 applies to adverse medical incidents.