Pennington Lawyers Obtain Groundbreaking Opinion at 1st DCA
Tallahassee Memorial Healthcare, Inc. recently received a significant appellate ruling when the First DCA, in a 2-1 decision, shielded TMH from having to turn over an internally prepared report that was ordered to be disclosed by the trial court. The First DCA held that the 2005 Federal Patient Safety and Quality Improvement Act’s privilege for “patient safety work product” shields the TMH report from discovery or use in medical malpractice litigation. The First DCA found that the TMH report was patient safety work product and not an “adverse incident” report, which would otherwise have made the report discoverable. This decision sets the stage for a potential dispute in the Florida Supreme Court regarding patient access to medical records in medical malpractice cases. Pennington, P.A. represents Tallahassee Memorial Healthcare, Inc. in this medical malpractice lawsuit filed by Jade and Justin Wiles, who are suing on behalf of their son, Lennox Wiles.









