PRE-SUIT MEDICAL RECORDS

(STATUTES)

Disclaimer:  This is part of the 2006 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case. 

(The information on this site applies to Florida only)

766.204  Availability of medical records for pre-suit investigation of medical negligence claims and defenses; penalty.--

(1)  Copies of any medical record relevant to any litigation of a medical negligence claim or defense shall be provided to a claimant or a defendant, or to the attorney thereof, at a reasonable charge within 10 business days of a request for copies, except that an independent special hospital district with taxing authority which owns two or more hospitals shall have 20 days. It shall not be grounds to refuse copies of such medical records that they are not yet completed or that a medical bill is still owing.

(2)  Failure to provide copies of such medical records, or failure to make the charge for copies a reasonable charge, shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the requirement of written medical corroboration by the requesting party.

(3)  A hospital shall not be held liable for any civil damages as a result of complying with this section.

History.--s. 51, ch. 88-1; s. 27, ch. 88-277; s. 246, ch. 98-166.