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Supreme Court of Florida
Charles v Southern Baptist Hospital of Florida, SC15-2180

In this decision, which was reversed on appeal, the court stated that adverse incident reports are, under Florida law, collected and maintained to be reported to the state. The court then finds that the requested documents were created or maintained pursuant to statutory, regulatory, licensing or accrediting requirements; consequently the court finds that these are not PSWP and orders the hospital to release the records to the plaintiff counsel.

Note: For the Florida Supreme Court Filings, Charles is variously referred to as appellants or petitioners, and Southern Baptist Hospital of Florida is referred to as appellee.

Date Proceedings and Documents
Jul 30 2014 Order on plaintiffs’ motion to compel the production of Amendment 7 documents
Case moves to 1st District Court of Appeal
Feb 4 2015 Amicus curiae brief of the Patient Safety Organization of Florida and ECRI institute PSO
Feb 4 2015 Amicus curiae brief of the Joint Commission in support of petitioner
Feb 4 2015 Brief of multiple amici curiae including CHPSO
Sep 3 2015 Petitioner’s notice of supplemental authority
Oct 28 2015 Decision of First District Court of Appeal, Florida
Nov 2 2015 Charles’ respondents motion for certification
Nov 17 2015 Petitioner’s response opposing motion for certification
Nov 24 2015 Denial of motion for certification
Case moves to Supreme Court of Florida
Nov 25 2015 Plaintiff appeals to Supreme Court of Florida
Dec 15 2015 Baptist’s motion to dismiss the appeal
Feb 5 2016 Baptist’s motion to dismiss the appeal denied by Supreme Court of Florida
Feb 10 2016 Initial brief of appellants to Supreme Court of Florida
Feb 22 2016 AARP amicus curiae brief in support of appellants (version as amended 2/26/16)
Feb 22 2016 Florida Consumer Action Network amicus curiae in support of appellants
Feb 22 2016 Florida Justice Association amicus curiae in support of petitioners
Apr 21 2016 Appellee’s answer brief
Apr 27 2016 Appellee requests oral argument
Apr 29 2016 Joint Commission amicus curiae in support of appellee
May 2 2016 Amicus curiae in support of appellee filed by multiple PSOs including CHPSO
May 2 2016 ECRI Institute and PSO of Florida amicus curiae in support of appellee
May 2 2016 Alliance for Quality Improvement and Patient Safety amicus curiae in support of appellee