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MOUNT SINAI MEDICAL CENTER v. SCHULTE

No. 89-901.

546 So.2d 37 (1989)

MOUNT SINAI MEDICAL CENTER, Petitioner, v. Sandra SCHULTE and Thomas Schulte, Respondents.

District Court of Appeal of Florida, Third District.

June 27, 1989.

Attorney(s) appearing for the Case

Kelner and Kelner and John D. Kelner, Miami, for petitioner.

Brumer, Cohen, Logan, Kandell & Kaufman and Karen A. Curran, Miami, for respondents.

Before BASKIN, JORGENSON and COPE, JJ.

PER CURIAM.

By petition for writ of certiorari petitioner asks that we vacate an order requiring production of an otherwise confidential hospital incident report, see § 395.041(4), Fla. Stat. (1987), pertaining to the alleged injury which is the subject of the medical malpractice action below. A hospital incident report is deemed to be attorney work product and is discoverable only upon a showing that the requesting person "is unable without undue hardship...

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