Legal Research Home > Florida Lawyer > Torts > Florida Torts Code Section 766.204 - Medical Malpractice And Related Matters - Availability of medical records for presuit investigation of medical negligence claims and defenses; penalty.

Title XLV TORTS

Chapter 766 MEDICAL MALPRACTICE AND RELATED MATTERS

766.204 Availability of medical records for presuit 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.

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Last modified: November 21, 2006