Rub v. Williams
Florida District Courts of Appeal
Rub v. Williams, 611 So. 2d 1328 (1993)
1993 Fla. App. LEXIS 464; 1993 WL 5679
Barkdull, Cope, Goderich
Rub v. Williams
Opinion of the Court
PETITION FOR WRIT OF CERTIORARI
The petitioner, Dr. Moisés Rub, seeks review of an order which permitted the discovery and use of an unsworn statement taken during the medical malpractice pre-suit screening process. We find that Dr. Rub’s statement made during the presuit screening process is privileged under section 766.106, Florida Statutes (1991) and rule 1.650, Florida Rules of Civil Procedure. For this reason, the trial court departed from the essential requirements of law when it ruled that the plaintiffs could use the unsworn statement for impeachment. We grant certiorari and quash the trial court’s order permitting the use of this privileged statement.
Reference
- Full Case Name
- Moises RUB, M.D. Moises Rub, M.D., P.A. v. Sonya Gardner WILLIAMS, as natural mother and guardian of Donald Stringer, Jr., and individually, and Donald Stringer, Sr., individually Variety Children's Hospital, a Florida corporation, d/b/a Miami Children's Hospital North Shore Medical Center, Inc., a Florida corporation
- Cited By
- 2 cases
- Status
- Published