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LEE MEMORIAL HEALTH SYSTEM v. SMITH

No. 2D10-741.

40 So.3d 106 (2010)

LEE MEMORIAL HEALTH SYSTEM d/b/a Healthpark Medical Center, Petitioner, v. Jeffrey SMITH and Melissa Smith, individually, and as parents and natural guardians of Kiarra Summer Smith, a minor, Respondents.

District Court of Appeal of Florida, Second District.

July 16, 2010.

Attorney(s) appearing for the Case

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, and Douglas B. Lumpkin of Lumpkin & Haskins, P.A., Sarasota, for Petitioner.

Craig R. Stevens and Chad T. Brazzeal of Morgan & Morgan, P.A., Fort Myers, for Respondents.

SILBERMAN, Judge.

Lee Memorial Health System (LMHS) seeks certiorari review of the order granting Jeffrey and Melissa Smith's pretrial motion for protective order and prohibiting LMHS from having certain ex parte communications with its employee physicians. The question we must decide today is whether the circuit court departed from the essential requirements of the law by relying on the physician-patient privilege in section 456.057(8), Florida Statutes (2009), to...

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