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TENET HEALTHSYSTEM HOSPITALS, INC. v. TAITEL

No. 4D03-1790.

855 So.2d 1257 (2003)

TENET HEALTHSYSTEM HOSPITALS, INC., d/b/a Delray Medical Center, Petitioners, v. Gisela TAITEL and Michael Taitel, her husband, Respondents.

District Court of Appeal of Florida, Fourth District.

October 15, 2003.

Attorney(s) appearing for the Case

Louise H. McMurray and James C. Sawran of McIntosh, Sawran, Peltz, Cartaya & Petruccelli, P.A., Miami, for petitioners.

Sally Alyce Gross of Needle, Gallagher & Ellenberg, P.A., Miami, for respondents.

KLEIN, J.

Petitioner hospital is a defendant in a medical malpractice case seeking certiorari review of an order compelling production of a blank hospital form used for testing the competency of nurses. We grant the petition because the test is protected by the statutory peer review privilege.

The claim of malpractice includes negligence in administering sedation and analgesia, and the trial court ordered production...

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