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Florida medical malpractice lawyer | How difficult is it to get medical records?

Posted by Guy DiMartino | Jun 09, 2014 | 0 Comments

Florida medical malpractice lawyer explains the difficulty of getting medical records to investigate a medical malpractice claim.

Many times when I speak to a potential new client inquiring about a medical malpractice claim I ask them if they have any medical records that we can take a look at?  A frequent answer that I get is that the healthcare provider, the doctor or hospital, gave them a hard time when they asked for the records.   It brings up the question – How hard and how long does it take to get your medical records if we're investigating your medical malpractice case?

It's not that hard.  All we need is a signed HIPAA complaint medical authorization and be willing to pay the copy charge for the records.

Under Florida's medical malpractice law, if we notify the healthcare provider that the request is related to the investigation of a medical malpractice claim – they have 10 days to respond with the records. This law can be found in Chapter 766.204, which says:

(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.

The penalty for not responding within the time limit under the law is that the healthcare provider waives the requirement of a supporting affidavit of a medical expert if a medical malpractice claim is pursued.
I share this information with you so you have an understanding that it's not that difficult to get your medical records and you shouldn't allow a healthcare provider to put up road blocks.  If you plan on pursuing a Florida medical malpractice claim, there will be roadblocks throughout the process. You have be ready to go around the roadblocks or crash right through them.

If you have any questions about a Florida medical malpractice claim, you can call me directly on my cell at (352) 267-9168.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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