Amicus Briefs

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Issues Presented 

(1) Whether a hospital’s “safety event report,” created and maintained under state-law recordkeeping requirements, but not submitted to the Agency for Health Care Administration, becomes privileged under the PSQIA by virtue of it being submitted to a patient safety organization; and

(2) If the report is privileged and confidential under the Federal Patient Safety Act of 2005, whether that federal law preempts the report’s disclosure under Art. X, § 25 of Florida’s Constitution (“Amendment 7”).

Factual Summary

For Wiles, what should have been a routine medical procedure turned into a life-altering nightmare. Severe injuries, directly linked to the negligence of Tallahassee Memorial Healthcare, left Wiles grappling with physical, emotional, and financial pain. Seeking justice, Wiles filed a medical malpractice lawsuit, believing that the hospital’s internal safety event report—documenting the failures that led to her injuries—would provide key evidence. Instead of transparency, Wiles was met with a wall of legal protection.

The Florida District Court of Appeals ruled that the report was shielded from disclosure, citing admiralty jurisdiction—a legal technicality that had little to do with her case.¹ Then, Wiles turned to the Florida Supreme Court, to fight for the chance to present the full picture of the hospital’s negligence and to ensure that patients are protected from similar harm in the future. The case was settled.²

AAJ’s Position

AAJ and the Florida Justice Association filed an amicus curiae brief in support of Wiles, arguing that hospitals should not be allowed to hide behind technical legal doctrines to avoid responsibility for their failures. The safety event report in question is a crucial piece of evidence that could help expose the hospital’s negligence, and withholding it undermines the very concept of fairness in legal proceedings. AAJ also asserts that admiralty jurisdiction should not apply in cases of medical malpractice, as it creates an unnecessary barrier to justice. AAJ’s position is clear: patients like Wiles deserve to have access to all relevant information, and no institution should be permitted to obscure the truth when it comes to patient safety and care.

Outcome: Settled

Citation

Brief of Amicus Curiae American Association for Justice and Florida Justice Association in Support of Petitioners, Wiles v. Tallahassee Mem’l Healthcare, Inc., No. SC23-0018 (September 18, 2023).

^[1] Tallahassee Mem'l Healthcare, Inc. v. Wiles by & through Wiles, 351 So. 3d 141 (Fla. Dist. Ct. App. 2022).

^[2] Wiles v. Tallahassee Mem'l, No. SC2023-0118, 2024 WL 659413 (Fla. Feb. 16, 2024).