Your medical records will be essential to preparing, filing, and litigating your medical malpractice claim in Florida. They are what your medical experts will review to determine what went wrong and whether your healthcare provider deviated from an accepted standard of care.
You can obtain your records through a written request or by working with your Florida medical malpractice lawyer to request them. Our firm can ensure you have the records, including medical imaging and other test results, to build your case.
Obtaining Medical Records Your Right By Law
Under Florida Statute § 456.057, patients have the right to request and receive a copy of their own medical records. This includes records held by:
- Hospitals
- Doctors’ offices
- Clinics
- Labs
- Imaging centers
- Rehabilitation centers
- Nursing homes and long-term care facilities
Even if you are no longer a patient, you still have a right to your records. You should also be able to access your records if the facility no longer exists, but this may require more effort to determine who now holds those records.
To obtain your records, you will send a written request to the healthcare provider or facility. Some facilities may have their own request forms for you to use. Your request should include:
- Your full name
- Your date of birth
- A range for your dates of treatment
- Specific records you are requesting
- Your signature
You may also need to show your ID to pick up the records, or they may request a copy when you submit the request for records.
Why Is Obtaining Your Medical Records Essential To Your Malpractice Case?
Obtaining a copy of your relevant medical records is often the first step in building a malpractice case in Florida. These records are essential to your case because they provide the documentation of your diagnosis, treatment, and the standard of care provided by the doctor or facility in question.
Before you can begin the mandatory pre-suit process in Florida, you must have testimony from a qualified medical expert who agrees in writing that malpractice might have occurred. This is generally based on a review of your medical records.
The expert uses your records, scans, lab results, doctor’s notes, and other documents to determine whether you received an acceptable standard of care. Without complete and accurate medical records, this is almost impossible.
What If I Need to Request Medical Records For A Loved One?
Sometimes, you may need to request someone else’s medical records. When this occurs, you may need additional paperwork to prove you have access to these records. This will depend on the circumstances:
- If you are requesting records for a deceased relative who may have suffered a wrongful death, you will need to show proof that you were their power of attorney or that the probate court has authorized you as their personal representative.
- If you are requesting records for your minor child, you may need their birth certificate or other documentation that you are their parent or legal guardian.
- If you are requesting the records of an incapacitated loved one, you will need documentation showing you are their power of attorney or healthcare proxy.
How Much Will It Cost To Get Copies Of My Medical Records?
You should expect to pay a fee when you request your medical records. Florida law allows these fees but requires that they be reasonable. You may need to pay a per-page fee to cover the costs of labor and making paper copies of the files. They may also charge fees for mailing the file or needing to reproduce certain types of records, such as a disc of medical images.
If you cannot cover these costs right now, you may not need to pay upfront if your attorney handles the request. Your lawyer may be able to get some of the costs waived and will likely pay any costs upfront for you. They will recover these expenses from the money they recover for you in the case.
It Could Take Time To Receive Your Medical Records
Healthcare providers must respond to your written request for your medical records within a reasonable time. This could be a week or two, but should not exceed a month without a good reason that they have communicated to you. Unnecessarily delaying this process or refusing to act within a reasonable time frame could be a violation of your rights.
Your Florida Medical Malpractice Lawyer Can Handle Your Request For Medical Records
In many cases, your best option is to let your medical malpractice lawyer request your medical records. When you are working with an attorney to navigate the medical malpractice claims process, your attorney will handle your case for you, start to finish. This will include gathering evidence, such as your medical records.
With our firm, you can count on us to:
- Have you provide the paperwork for us to obtain your relevant records
- Submit the written records requests on your behalf
- Ensure the requests meet all legal requirements
- Follow up if the provider delays the request or refuses
- Pay any necessary fees upfront and add them to your case expenses
Not only does this take the pressure off of you to take these steps, but it ensures we receive the records we need to assess your case, get an expert medical opinion, and begin building the case against the care provider whose negligence hurt you.
Talk to Our Team About Your Florida Medical Malpractice Claim Today For Free
Our team from Anidjar & Levine offers free consultations for those who believe a care provider’s negligence caused their injuries, expenses, and losses. We can help you understand how these cases work and assess your possible options for legal action. Our Florida medical malpractice lawyers are here to help if you were hurt. Contact us today to learn more.
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