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Bauduy ex rel. D.B. v. Adventist Health System/Sunbelt, Inc.

Florida Court of Appeals, Fifth District

November 15, 2019

Yolie N. BAUDUY, AS NEXT FRIEND and Guardian OF D.B., and D.B., Individually, Appellants,
v.
ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a Florida Hospital, Appellee.

          Rehearing Denied January 21, 2020

Page 88

          Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge.

         Jeremy K. Markman, of King & Markman, P.A., Orlando, for Appellants.

         Dinah S. Stein, Amanda Forti and Mark Hicks, of Hicks, Porter, Ebenfeld & Stein, P.A., Miami and John W. Bocchino, Beytin, McLaughlin, McLaughlin, O’Hara, Bocchino & Bolin, P. A., Maitland, for Appellee.

          OPINION

         SASSO, J.

         This case presents the issue of whether the adoption of Article X, Section 25 of the Florida Constitution, commonly referred to as Amendment 7,[1] affects the statutory prohibition against the admissibility of certain incident reports set forth in section 395.0197, Florida Statutes (2018). Because we find no inconsistency between the language of Amendment 7 and section 395.0197(4)’s admissibility restrictions, we conclude the trial court properly relied on section 395.0197 in excluding the incident reports at trial. As a result, we affirm in all respects.

          BACKGROUND

          Appellants, Yolie N. Bauduy, as next friend and guardian of D.B., and D.B., individually, sued Appellee, Adventist Health System/Sunbelt, Inc., d/b/a Florida Hospital, for negligent security and breach of fiduciary duty. Appellants alleged that D.B., an involuntarily committed psychiatric patient, was sexually assaulted by another psychiatric patient at a behavioral health center. During discovery, Appellants requested copies of "any records made or received regarding prior adverse medical incidents consisting of sexual assaults, sexual relations between patients, aggression and/or coercive sexual misconduct" at the center. In response, they received twenty-four adverse medical incident reports from the hospital.

         Thereafter, the hospital filed a motion in limine regarding the use and admission of the adverse medical incident reports, contending, inter alia, that while the reports were discoverable pursuant to Amendment 7, they were still inadmissible at trial pursuant to section 395.0197(4). That statute states in relevant part:

Page 89

395.0197 Internal risk management program.—

....
(4) The agency shall adopt rules governing the establishment of internal risk management programs .... Each internal risk management program shall include the use of incident reports .... The incident reports are part of the workpapers of the attorney defending the licensed facility in litigation relating to the licensed facility ...

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