What if They Refuse to Produce Your Records?

Getting Medical Records

If a healthcare provider fails to provide a copy of your medical records to you, there is really not much of a penalty you can impose. Reporting them to the appropriate medical board may get results.  Call the Florida Department of Health, Consumers Services Section (1-850-245-4339) and they can probably help you.

If you want the records for the purpose of investigating a possible medical malpractice case, and a potential defendant does not provide them within ten days of your written request, you are permitted to start pre-suit screening without providing an expert affidavit as to that healthcare provider.  Section 766.204, Florida Statutes states that copies of medical records relevant to any litigation of a medical malpractice claim or defense shall be provided to a claimant, or the claimant’s attorney, at a reasonable charge within ten business days of a request for copies except that certain independent special hospital taxing districts have twenty days. It is not grounds to refuse copies of the records because they are not completed or the medical bill is still owed. Failure to produce the records will be evidence of failure to provide pre-suit good faith discovery and shall waive the requirement of written medical corroboration by a requesting party if the party is bringing or defending a malpractice claim.