Florida Legal Topics

Daytona Beach Legal News - Discovery

The Law Office of Paul Bernardini

Medical Malpractice - Discovery

Recent case from the Florida Supreme Court on Medical Malpractice

In holding that the trial court's order, which required production of records of adverse medical incidents of patients not having the same or similar condition, treatment, or diagnosis as the required patient, departed from the essential requirements of law, the District Court of Appeal improperly relied on section 381.028(7)(a), Florida Statutes, as the subsection had been declared to be invalid by the Florida Supreme Court. Ampuero-Martinez V. Cedars Healthcare Group. Opinion Filed January 30, 2014. Full Opinion at Supreme Court Opinions Section, page 60a.

Legislation - Reapportionment - Discovery

Legislative Privilege Limited and the legislators may be required to testify.

On December 13, 2013, the Supreme Court of Florida held that Florida State Legislators legislative staff members do not have an absolute privilege against testifying as to issues directly relevant as to whether the Legislature drew the 2012 Congressional Apportionment Plan with unconstitutional partisan or discriminatory intent.  There is a legislative privilege, but legislative privilege is limited and not absolute.  With respect to reapportionment of voting districts, the purposes underlying the privilege against testifying are outweighed by the compelling, competing interests of effectuating the explicit constitutional mandate that prohibits partisan political gerrymandering and improper discriminatory intent in redistricting.  The League of Women Voters of Florida v. The Florida House of Representatives, 38 Fla.L.Weekly 51, Page S895.