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The post below was published on Saturday, January 22nd, 2011 at 8:03 PM.

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First District: Certiorari, Amendment 7

This case considered whether a health care provider subject to Amendment 7 can determine that a record does not cover an adverse medical incident. The trial court refused to require the defendant to produce the documents at issue, but the First District quashed that order. The district court held that Amendment 7 is not limited to incidents of medical negligence.

Also significant was the court’s willingness to utilize certiorari to review the trial court’s decision. The body of case law permitting discovery denials to be reviewed by certiorari is growing fast.

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