Yolie N. BAUDUY, AS NEXT FRIEND and Guardian OF D.B., and D.B., Individually, Appellants,
ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a Florida Hospital, Appellee.
Rehearing Denied January 21, 2020
from the Circuit Court for Orange County, Renee A. Roche,
K. Markman, of King & Markman, P.A., Orlando, for Appellants.
S. Stein, Amanda Forti and Mark Hicks, of Hicks, Porter,
Ebenfeld & Stein, P.A., Miami and John W. Bocchino, Beytin,
McLaughlin, McLaughlin, OHara, Bocchino & Bolin, P. A.,
Maitland, for Appellee.
case presents the issue of whether the adoption of Article X,
Section 25 of the Florida Constitution, commonly referred to
as Amendment 7, 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.
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.
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:
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 ...