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in a way that will undermine the peer review and risk management systems that

have been proven deterrents against medical malpractice.

However, the lower court was correct in determining that the Amendment

could not be applied retroactively because to do so would interfere with the

substantive vested rights of persons whose names may appear in the Amendment 7

records and who participated in the peer review process under a long-standing

statutory system that guaranteed confidentiality.

This Court should reverse the lower court's rulings on all but the retroactive

application issue and uphold the entire statutory system for its implementation,

especially those portions of the statute that protect records of adverse medical

incidents from discovery and make those records inadmissible in legal

proceedings. If the Court finds any portions of the statute to be in conflict with the

explicit terms of the Amendment, it should sever and declare unconstitutional only

those portions.

ARGUMENT

Standard of Review . The Issues involved in this case are questions of law.

Therefore, the Standard of Review is de novo. Execu-Tech Business Sys, Inc.. v.

New Oji Paper Co. Ltd., 752 So. 2d 582 (Fla. 2000).

Florida Hospital Association will present its position with respect to each of

the three certified questions posed by the Fifth District Court of Appeal.

3

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