From the desk of Hector J. Lombana

The Florida Supreme Court recently ruled that Amendment 7, the “Patients Right to Know About Adverse Medical Incidents” that was passed by the state's voters in 2004, eliminates protections for hospital peer review records, including records that pre-date passage of the amendment. The ruling has significant implications for the state's hospitals and doctors, as it mandates that records of incidents that were previously protected from discovery and litigation must now be made available to any patient who requests the information. In essence, the veil that shrouded hospitals' dirty little secrets has been lifted.

Hospital attorneys and administrators are scrambling to adjust to this ruling, and some predict that the facilities will change their peer review process to minimize written records. Record requests can come in the form of a simple letter from any past, current or prospective patient.

Florida hospitals will be monitored by regulators as to their changes in the peer review process as the federal government and other states move toward increased transparency and public reporting of quality of care. The Centers for Medicare and Medicaid Services and the Department of Health and Human Services have launched programs to monitor care. The Hospital Compare and the Physician Quality Reporting Initiative enable individuals to compare the quality of care that hospitals and doctors provide. In addition, the new Performance Measurement and Reporting System is designed to track quality, outcomes and payment rates. The goal for this program is to create a master system of records to assist in providing transparency in healthcare on a broad scale, enabling consumers to compare the quality and price of services so that they can make informed choices regarding individual physicians, practitioners and providers.

The partners and associates of Gamba & Lombana commend the Florida Supreme Court for ensuring that the will and intent of the state's voters in approving Amendment 7 was not circumvented by the legislature and lower courts. We are confident that the new access to past records of medical mistakes will help patients to make more informed decisions about the doctors and facilities that they turn to for care.