The Florida Supreme Court issued its opinion in West Florida Regional Medical Center, Inc. v. See. Of greatest importance is the broad reading the Court gives to Amendment 7 in finding that:

1. a blank application for medical staff privileges is a record of an adverse medical incident and therefore not protected from discovery under sections 766.101(5) and 395.0191(8) and is discoverable under Amendment 7,

2. section 381.028(7)(b)1, Florida Statutes, is invalid because the Amendment 7 disclosure requirements are not limited to only incident reports such as Code 15 reports and AHCA annual reports listed in sections 395.0197(5) and (7) (the hospital risk management statute), and

3. the federal Health Care Quality Improvement Act ("HCQIA") does not preempt Amendment 7 because HCQIA and Amendment 7 each address different concerns and do not conflict with each other.

As a result of this opinion, the range of documents and types of "adverse incidents" subject to disclosure under Amendment 7 is broader than the Code 15 reports and annual reports and "severe injuries" described in sections 395.0197(5) and (7) and includes documents such as blank applications for medical staff privileges.