Florida Injury Attorney Blawg
A patient’s medical records enjoy a confidential status by the right to privacy in Article I, Section 23 of the Florida Constitution. State v. Johnson, 814 So. 2d 390, 393 (Fla. 2002). “Florida law, however, also recognizes that this confidentiality right is not absolute, and provides for the disclosure of medical records pursuant to subpoena in criminal and civil cases.” See Estate of Carrillo v. Federal Deposit Insurance Corporation, (S.D. Fla., 2012).
Florida Rule of Civil Procedure 1.280(a)(1) contains the basic guidance language in civil cases for the disclosure of confidential records.
(1) In General. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party…. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
When it comes to confidential medical records, “the right to discovery in a legal proceeding must be balanced against the individual’s competing privacy interests to prevent an undue invasion of privacy.” See McEnany v. Ryan, 44 So. 3d 245, 247 (Fla. Dist. Ct. App. 2010). In Friedman v. Heart Inst. of Port St. Lucie, 863 So.2d 189, 194 (Fla. 2003), the Florida Supreme Court instructed trial courts that in exercising their discretion to balance the competing interests, they must be guided by the principles of relevancy and practicality.