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Can you get that hospital incident report regarding the bad outcome from a medical procedure
can you learn about adverse incidents at a hospital before you go in there is a patient
Hi I am Dr. Guy DiMartino I am a Florida medical malpractice lawyer and today I would like
to explain a little bit about amendment seven You see in 2004 there was a new amendment
to the Florida Constitution called the patient right to know and in that they allowed patients
to be able to go ahead and get information regarding adverse incidents for doctors or
hospitals or certain procedures at a hospital and we thought that that would be some free
flow of information but it hasn't worked out like that it's been up and down in the courts
and there's been a lot of arguments so don't think that you are even though you're entitled
to that you can find a hospital report of an adverse incident or you can be able to
get information regarding what the credentialing committee has done or the peer review committee
has done regarding the doctor who may have messed up once twice or three times because
the hospitals are still fighting this information tooth and nail a lot of times what they've
done recently in order to protect themselves a lot of times they just won't write up the
incident unless the incident report is actually a federally mandated or mandated by some state
procedure many times they will go ahead and do it under the cloak of attorney-client privilege
if there is an adverse incident happened at the hospital they will call the attorney up
immediately higher the attorney and the attorney will direct them to do a A B and C and then
they can try to make the argument that it is work product because they did it because
her attorney told them to do it in anticipation of litigation and then it gets a little more
complicated with that regarding the actual work product privilege which is beyond the
scope of this video so it was a great idea in 2004 for patients right to know but in
actuality it really doesn't work we don't get a lot of information either before or
after an inverse incident if you have any questions about a Florida medical malpractice
case you can always call me directly on my cell phone at three five two two six seven
nine one six eight thank you and have yourself a great day