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RACHEL CROSSLEY, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 230c

Insurance — Personal injury protection — Discovery — Documents — Chiropractor is compelled to produce redacted medical records

RACHEL CROSSLEY, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Escambia County. Case No. 2003 SC 4723. December 21, 2004. William P. White, Jr., Judge. Counsel: Robert N. Heath, Jr., McDonald, Fleming, et al., LLP, Pensacola, for Plaintiff. Craig B. Morris, Daniell, Upton, Perry & Morris, P.C., Daphne, for Defendant.

ORDER GRANTING MOTION TO COMPEL

THIS MATTER came on for hearing on November 23, 2004 and the Court, having considered the arguments and authorities presented by the Plaintiff and Doctor Paul Lancaster, D.C., the subject of the subpoena and motion to compel. The Court finds that Doctor Lancaster’s objections are not well taken and, accordingly, grants the Motion To Compel with the following provisions:

1. All identifying information of the individual patient shall be redacted from the copies, including: name, street address, telephone number, social security number, driver’s license number, provided that such numbering as may be necessary to allow Dr. Lancaster to cross-reference and identify the individuals and to relevantly testify if necessary with respect to a particular individual shall be retained.

2. Dr. Lancaster may charge up to $2.00 per patient for redaction and$ 1.00 per page for copying of records, charges similar to those provided by Section 395.3025(1), Florida Statutes (2003), referenced by Plaintiff’s counsel and his letter to Dr. Lancaster dated August 31, 2004 and attached the motion as Exhibit E.

It is so ordered.

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