medical malpractice lawyers in florida
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Hospital Records

GETTING MEDICAL RECORDS

A. Providers. Access to hospital records and records of ambulatory care centers is governed by Florida Statute Section 395.3025.

B. Confidentiality. Section 395.3025(4) says these “patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to: (a) licensed facility personnel and attending physicians for use in connection with treatment; (b) licensed facility personnel for administrative purposes or risk management and quality assurance functions; (c) the Agency for Health Care Administration for purposes of health care cost containment; (d) in any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the parties seeking such records to the patient or his or her legal representative; (e) the Agency or the Department of Business and Professional Regulation upon subpoena; (f) the Department of Professional Regulation for purposes of establishing and maintaining trauma registry; (g) the Department of HRS for investigations of abuse, neglect or exploitation of children or disabled adults or elderly persons; (h) the State long term care ombudsman counsel for a patient who has been admitted from a nursing home or long term care facility when the counsel are conducting an investigation involving the patient pursuant to Chapter 400; (i) a local trauma agency or regional trauma agency performing quality assurance activities; (j) organ procurement organizations.

C. Access. Section 395.3025(1) states the facility is required to furnish the records, upon written request, and “only after discharge of the patient”, in a timely manner and without delays for legal review, to any person admitted for care and treatment or to such person’s guardian, curator or personal representative, or in the absence of one of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing.

D. Charges. Prior to delivery the person must agree to pay a charge for copying. The exclusive charge, which may include sales tax and actual postage, may not exceed $1 per page, except for non-paper records which may be up to $2 per page. An additional fee of $1 may be charged for each year of records requested. These charges apply regardless of whether the records come directly from the facility or from a copy service providing the services. A patient whose records are copied or searched for the purpose of continuing to receive medical care is not required to pay a charge for copying or for the search. The facility is also required to allow the patient to examine the original records in its possession, or microfilms or other suitable reproduction of the records upon reasonable terms that shall be imposed to assure the records will not be damaged, destroyed or altered.

If you believe you or a loved one have been the victim of medical malpractice, please let us know. We are easy to talk to and would like to review your case.