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Florida Statute 766.204 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 766.204 Case Law from Google Scholar Google Search for Amendments to 766.204

The 2024 Florida Statutes

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.204
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.

F.S. 766.204 on Google Scholar

F.S. 766.204 on Casetext

Amendments to 766.204


Arrestable Offenses / Crimes under Fla. Stat. 766.204
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.204.



Annotations, Discussions, Cases:

Cases Citing Statute 766.204

Total Results: 20

University of Miami, etc. v. Shanay Hall Jones, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: a corroborating medical expert opinion. See § 766.204(2), Fla. Stat. (2023).

ISRAEL REYES, etc. v. BAPTIST HEALTH SOUTH FLORIDA FOUNDATION, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-29T00:53:00-07:00

Snippet: request for medical records pursuant to section 766.204, Florida Statutes (2009), was a definitive …contacting an attorney who then files a section 766.204 letter to request medical records satisfies the

MARIA MARTINEZ v. DON JOHN PEREZ-ORTIZ, M. D. AND THE PEREZ EYE CENTER, P. L.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-23T00:53:00-07:00

Snippet: ten days of her request, as required by section 766.204(2). 2 condition

KAREN L. DENNEHY vs VISHWANATH SRINAGESH, OCALA EYE, P.A., AND OCALA EYE SURGICAL CENTER, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-19T00:00:00-07:00

Snippet: her medical records as required under section 766.204, Florida Statutes (2020). That statute provides…specifically and expressly” a violation of section 766.204. The trial court summarily denied the motion for

UNIVERSITY OF MIAMI, etc. v. SHANAY HALL JONES, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-20T00:53:00-07:00

Snippet: corroborating medical expert affidavit. See § 766.204(2), Fla. Stat. (2017).5 3 Shanay Hall Jones…full and complete medical records under section 766.204, Florida Statutes . . . [does] not constitute a… of intent to sue does not implicate a section 766.204(2) waiver. See Brundage v. Evans, 295 So. 3d 300

DIAL 4 CARE, INC. v. ELIJAH BRINSON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: his complete medical file, pursuant to section 766.204, Florida Statutes. The next day, on May 10, 2019…stated that it was being made pursuant to section 766.204, Florida Statutes. 2 The complaint alleged that…written corroborating expert affidavit. See § 766.204(2), Fla. Stat. He cites to numerous cases for … to turn over documents within 10 days of the 766.204 request waives the claimant’s requirement to provide…difference between records requested under section 766.204 for the plaintiff to conduct a presuit investigation

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: medical records under section 766.204 is less stringent than HIPAA, section 766.204 is preempted. A. Florida…be produced within ten days pursuant to section 766.204(1), Florida Statutes. Otherwise, the April letter…during presuit discovery as required by section 766.204(2), Florida Statutes. Shands replied that it was…reviewing the merits of her potential claim, section 766.204(1), Florida Statutes (2011), requires copies of… claimant’s request for medical records. See § 766.204(2), Fla. Stat. (2011); Martin Mem’l Med. Ctr.,

Manzaro v. Hca

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-18T00:53:00-07:00

Snippet: section 766.204(1), waiving the requirement of written medical corroboration (section 766.204(2)). The

Osceola Regional Hospital v. Calzada

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-02T00:53:00-07:00

Snippet: requested medical records pursuant to section 766.204, Florida Statutes (2013).

Houston v. GEO

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-26T00:00:00-07:00

Citation: 73 So. 3d 323, 2011 Fla. App. LEXIS 16980

Snippet: because the defendants failed to comply with section 766.204, Florida Statutes (2009), by not providing him …in order to comply with the dictates of section 766.204 and attached a copy of his request in support thereof…corroborating medical expert opinion attached. Section 766.204, Florida Statutes, is titled "Availability…provide medical records as required under section 766.204(1) obviates the necessity of providing a corroborating

Herber v. Martin Memorial Medical Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-17T00:00:00-07:00

Citation: 76 So. 3d 1, 2011 Fla. App. LEXIS 12952, 2011 WL 3586182

Snippet: intent or any time thereafter.” Under subsection 766.204(2), Florida Statutes (2009), the hospital’s failure

MARTIN MEMORIAL MEDICAL CENTER v. Herber

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-25T00:53:00-07:00

Citation: 984 So. 2d 661

Snippet: copies of her medical records pursuant to section 766.204(1). Although the trial court conducted a hearing…second issue before us is whether, under section 766.204(2), Ms. Herber is excused from providing a corroborating…business days from the date of the request. Sections 766.204(1) and (2) provide: (1) Copies of any medical record…medical corroboration by the requesting party. § 766.204(1)-(2), Fla. Stat. We previously held that the …provide medical records as required under section 766.204(1) obviates the necessity of providing a corroborating

Anderson v. Wagner

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-18T00:53:00-07:00

Citation: 955 So. 2d 586

Snippet: corroborating evidence was necessary under section 766.204 due to Dr. Wagner allegedly failing to furnish …Anderson argues that under the terms of section 766.204(2), Florida Statutes (2003), he was not required…medical expert corroboration of his claim. Section 766.204(2) states that the "failure to provide copies

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-09T23:53:00-08:00

Citation: 932 So. 2d 344

Snippet: 2004); § 456.057(4), (16), Fla. Stat. (2004); § 766.204, Fla. Stat. (2004). Moreover, in the realm of litigation

Bailey v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-29T00:00:00-07:00

Citation: 904 So. 2d 649, 2005 Fla. App. LEXIS 10103, 2005 WL 1523372

Snippet: his notice of intent to file suit. See §§ 766.204(1) and 766.204(2), Fla. Stat. (2002); Mincey v. Moore,

Yocom v. Wuesthoff Health Systems, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-07-16T00:00:00-07:00

Citation: 880 So. 2d 787

Snippet: statute. Thereafter, in accordance with section 766.204, Florida Statutes (2001), Dr. Yocom sent a series…should stop for a moment to analyze this. Section 766.204 reads in its entirety, as follows: (1) Copies of…say that Wuesthoff failed to comply with section 766.204, and that the requirement of written medical corroboration…Instead he relied on his assertion based on section 766.204(2) that Wuesthoff had waived that requirement by

Walker v. Virginia Ins. Reciprocal

Court: Fla. | Date Filed: 2003-03-19T23:53:00-08:00

Citation: 842 So. 2d 804

Snippet: and defenses pursuant to this section and ss. 766.204-766.206 shall apply to all medical negligence,

Integrated Health Care Serv., Inc. v. Lang-Redway

Court: Fla. | Date Filed: 2002-12-11T23:53:00-08:00

Citation: 840 So. 2d 974

Snippet: and defenses pursuant to this section and ss. 766.204-766.206 shall apply to all medical negligence,

NORTH LAKELAND PAIN AND TRAUMA, INC. v. Benson

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-24T00:53:00-07:00

Citation: 813 So. 2d 1075

Snippet: her medical records citing sections 456.057 and 766.204, Florida Statutes (2001). In her petition, she …. However, neither section 456.057 nor section 766.204 authorizes an award of attorney's fees. In

Burbank v. Kero

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-19T00:53:00-07:00

Citation: 813 So. 2d 292

Snippet: had not been provided, as required by section 766.204, Florida Statutes, equity should estop him from…failure to provide medical records as required by 766.204(1) does no more than relieve the plaintiff of the…Fla. 4th DCA 1998), but the language of section 766.204(2) is more broad: Failure to provide copies of …requesting party. The provision in subsection 2 of 766.204 that failure to provide copies "shall constitute…good faith discovery requirements under section 766.204, he can be estopped to assert the statute of limitations