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External peer review reports protected from discovery
The Second District Court of Appeal of Florida (the "Court") has held that external peer review reports are not discoverable because they do not fall within the scope of the amendment of the state's constitution that preempts Florida's peer review privilege. Approved by Florida voters in 2004, article X, section 25, of the Florida Constitution, otherwise known as Amendment 7, preempts the statutory discovery protections for the peer review process: "[P]atients have a right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident."
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