Wednesday, August 19, 2009

Fourth DCA Denies Certiorari Petition Relating to Amendment 7

On rehearing in Columbia Hospital Corporation of South Broward, et al v. Fain (4D08-4578), the Fourth District held:

We deny petitioner’s Motion for Clarification, Rehearing or Rehearing En Banc, and for Certification of Questions to the Florida Supreme Court, but substitute the following opinion in place of our previously issued one.

Columbia Hospital Corporation of South Broward (Columbia), d/b/a Westside Regional Medical Center, petitions for a writ of certiorari seeking to quash a trial court order that denied Columbia’s objections to a plaintiff’s request for discovery. This case involves Article X, Section 25 of the Florida Constitution, enacted as “Amendment 7,” regarding a patient’s right to discover records related to adverse medical incidents. Columbia raises numerous challenges to the trial court’s order and Amendment 7 in general. We conclude that Amendment 7 does not violate the Constitution of the United States as argued by Columbia. We also conclude that certain arguments raised by Columbia are not ripe for decision and that no basis for certiorari relief is established. We, therefore, deny the petition.


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