Sexton v Sumner Michigan Court of Appeals Docket No 204192 (August 24, 1999)(affirming trial court decision to grant summary disposition to client on legal
malpractice action arising out of claim and delivery action)
Plaintiff Donald Brier brought a cause
of action against a practice group and an orthopedic surgeon, Greater Hartford Orthopedic Group P.C., and David Kruger, MD, an orthopedic surgeon (collectively, Defendants), alleging medical
malpractice arising out of a spinal surgery that went bad.
However, one
of the aspects
of the peer review process, per section 8
of that statute, is that the investigations, proceedings and records
of the peer review panel, a committee
of a hospital board, disciplinary board, government board or agent
of one
of these «shall not be subject to discovery or introduction into evidence in any civil or administrative
action against a provider
of professional health services
arising out of the matters which are the subject
of evaluation and review...» In other words, if you file a medical
malpractice lawsuit against a Florida doctor, the records contained in these peer review files — even if relevant — can't be compelled.