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

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. PUSHA,, 254 So. 3d 1076 (Fla. App. Ct. 2018)

. . . See § 766.204(2), Fla. Stat. (2011) ; Martin Mem'l Med. Ctr., Inc. v. . . . Although Florida courts construing section 766.204(2) in some cases have found waiver of the right to . . . We reject this argument for two reasons: first, this construction of section 766.204 is inconsistent . . . is less stringent than HIPAA, section 766.204 is preempted. . . . We hold that section 766.204 does not require Shands to face such a dilemma. . . .

MANZARO, v. HCA, INC., 254 So. 3d 576 (Fla. App. Ct. 2018)

. . . of HCA's failure to provide relevant medical records to him within ten days, as required by section 766.204 . . . (1), waiving the requirement of written medical corroboration (section 766.204(2) ). . . .

OSCEOLA REGIONAL HOSPITAL, d b a v. CALZADA L. o b o J. L. C. O. a CRNA, OB R. D. O. OB LLC, A. M. D., 246 So. 3d 1300 (Fla. App. Ct. 2018)

. . . Osceola Hospital's alleged failure to timely provide requested medical records pursuant to section 766.204 . . .

HOUSTON, v. GEO,, 73 So. 3d 323 (Fla. Dist. Ct. App. 2011)

. . . providing corroborating medical expert opinion because the defendants failed to comply with section 766.204 . . . that he had requested copies of his medical records in order to comply with the dictates of section 766.204 . . . Section 766.204, Florida Statutes, is titled “Availability of medical records for presuit investigation . . . court held: We previously held that the failure to provide medical records as required under section 766.204 . . .

HERBER, v. MARTIN MEMORIAL MEDICAL CENTER, INC., 76 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . Under subsection 766.204(2), Florida Statutes (2009), the hospital’s failure to timely provide medical . . .

MARTIN MEMORIAL MEDICAL CENTER, INC. v. HERBER,, 984 So. 2d 661 (Fla. Dist. Ct. App. 2008)

. . . because Martin Memorial failed to timely provide copies of her medical records pursuant to section 766.204 . . . The second issue before us is whether, under section 766.204(2), Ms. . . . Sections 766.204(1) and (2) provide: (1) Copies of any medical record relevant to any litigation of a . . . requirements and shall waive the requirement of written medical corroboration by the requesting party. § 766.204 . . . We previously held that the failure to provide medical records as required under section 766.204(1) obviates . . .

ANDERSON, v. B. WAGNER, DPM,, 955 So. 2d 586 (Fla. Dist. Ct. App. 2006)

. . . Anderson’s assertion that no corroborating evidence was necessary under section 766.204 due to Dr. . . . Anderson argues that under the terms of section 766.204(2), Florida Statutes (2003), he was not required . . . Section 766.204(2) states that the “failure to provide copies of medical records within 10 days ‘shall . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER,, 932 So. 2d 344 (Fla. Dist. Ct. App. 2006)

. . . Stat. (2004); § 766.204, Fla. Stat. (2004). . . .

BAILEY, v. FLORIDA DEPARTMENT OF CORRECTIONS, V., 904 So. 2d 649 (Fla. Dist. Ct. App. 2005)

. . . See §§ 766.204(1) and 766.204(2), Fla. Stat. (2002); Mincey v. . . .

J. YOCOM, D. C. v. WUESTHOFF HEALTH SYSTEMS, INC., 880 So. 2d 787 (Fla. Dist. Ct. App. 2004)

. . . Thereafter, in accordance with section 766.204, Florida Statutes (2001), Dr. . . . Section 766.204 reads in its entirety, as follows: (1) Copies of any medical record relevant to any litigation . . . If the story ended here, we might say that Wuesthoff failed to comply with section 766.204, and that . . . Instead he relied on his assertion based on section 766.204(2) that Wuesthoff had waived that requirement . . .

C. WALKER, Jr. v. VIRGINIA INSURANCE RECIPROCAL,, 842 So. 2d 804 (Fla. 2003)

. . . 1) Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . 1) Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .

NORTH LAKELAND PAIN AND TRAUMA, INC. v. BENSON,, 813 So. 2d 1075 (Fla. Dist. Ct. App. 2002)

. . . was unsuccessful, Benson filed a petition to obtain her medical records citing sections 456.057 and 766.204 . . . However, neither section 456.057 nor section 766.204 authorizes an award of attorney’s fees. . . .

K. BURBANK, v. KERO, M. D., 813 So. 2d 292 (Fla. Dist. Ct. App. 2002)

. . . Sztulman knew the records had been requested and had not been provided, as required by section 766.204 . . . I recognize that one court has concluded that failure to provide medical records as required by 766.204 . . . Rodriguez, 710 So.2d 1 (Fla. 4th DCA 1998), but the language of section 766.204(2) is more broad: Failure . . . The provision in subsection 2 of 766.204 that failure to provide copies “shah constitute failure of that . . . say that where a physician has failed to comply with good faith discovery requirements under section 766.204 . . .

MINCEY, v. MOORE,, 814 So. 2d 1081 (Fla. Dist. Ct. App. 2002)

. . . Sec. 766.204(2), Fla. Stat. (1999); see also De La Torre v. . . . Orta, 785 So.2d 553 (Fla. 3d DCA 2001) (“[P]laintiffs may obtain the benefit of subsection 766.204(2) . . .

DE LA TORRE, M. D. De La M. D. P. A. v. ORTA, a By ORTA, 785 So. 2d 553 (Fla. Dist. Ct. App. 2001)

. . . See § 766.204(2), Fla. Stat. (Supp.1998). . . . The doctor concedes, and we agree, that plaintiffs may obtain the benefit of subsection 766.204(2) simply . . . acknowledged that no showing of prejudice is required where the plaintiff seeks the remedy of subsection 766.204 . . .

TAPIA- RUANO, v. O. ALVAREZ, M. D., 765 So. 2d 942 (Fla. Dist. Ct. App. 2000)

. . . she did not file a corroborating affidavit from a medical expert, but argues that pursuant to section 766.204 . . . This statute requires that the medical records be provided upon request, and, under section 766.204(2 . . .

MEDINA v. PUBLIC HEALTH TRUST d b a, 744 So. 2d 1142 (Fla. Dist. Ct. App. 1999)

. . . See § 766.204, Fla. Stat. (1997). . . . The statute states: 766.204 Availability of medical records for presuit investigation of medical negligence . . . evidence of failure of [the Hospital] to comply with good faith discovery requirements .... ” Id. § 766.204 . . . The panel reversed and said, “As the hospital far exceeded the section 766.204(1) ten-day deadline in . . . providing [plaintiffs counsel] with the requested records, under section 766.204(2) the hospital waived . . .

MEDINA v. PUBLIC HEALTH TRUST d b a, 743 So. 2d 541 (Fla. Dist. Ct. App. 1999)

. . . failure “to comply with their obligations to produce the pertinent medical records as required by section 766.204 . . . Section 766.204(2), Florida Statutes (1997), provides that failure to provide copies of medical records . . . As the hospital far exceeded the section 766.204(1) ten-day deadline in providing Schlesinger with the . . . requested records, under section 766.204(2) the hospital waived the corroborating affidavit requirement . . .

A. WENDEL, M. D. f u b o v. HAUSER, M. D. d b a, 726 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .

CENTRAL FLORIDA REGIONAL HOSPITAL, v. HILL,, 721 So. 2d 404 (Fla. Dist. Ct. App. 1998)

. . . to produce Hill’s medical records within ten business days of her request in compliance with section 766.204 . . . However, relying on subsection 766.204(2), Florida Statutes (1995), Hill argues that the records provided . . .

OTTO v. J. J. RODRIGUEZ, M. D., 710 So. 2d 1 (Fla. Dist. Ct. App. 1998)

. . . Defendani/Appellee’s failure to provide full and complete medical records under section 766.204, Florida . . . See §§ 766.204-05, Fla. Stat (1995). . . . Section 766.204(2) provides, “Failure to provide copies of such medical records, or failure to make the . . .

WATSON, v. BECKMAN, D. D. S., 695 So. 2d 436 (Fla. Dist. Ct. App. 1997)

. . . . § 766.204(2), Fla. Stat. (1993); Escobar v. Olortegui, 662 So.2d 1361 (Fla. 4th DCA 1995). . . .

KUKRAL v. D. MEKRAS, M. D. Dr. T. d b a, 679 So. 2d 278 (Fla. 1996)

. . . Sections 766.106(5)-(9) and 766.204-.205 provide for informal presuit discovery after a notice of intent . . .

ESCOBAR, v. OLORTEGUI, D. D. S., 662 So. 2d 1361 (Fla. Dist. Ct. App. 1995)

. . . Similarly here, if section 766.204(2) provides that respondent’s failure to provide copies of petitioner . . . Section 766.204, Florida Statutes (1993), provides in part: (1) Copies of any medical record relevant . . . Golden, 630 So.2d 1238 (Fla. 2d DCA 1994) (holding, inter alia, that section 766.204 provided that failure . . . required, the necessity of corroborating affidavit was waived as provided in subsection (2) of section 766.204 . . .

WILKINSON, v. E. GOLDEN, Jr. D. D. S., 630 So. 2d 1238 (Fla. Dist. Ct. App. 1994)

. . . Golden relied on sections 766.204 and 766.205 in his motion to dismiss; both were cited in the trial . . . Section 766.204 requires that parties provide copies of relevant medical records to each other within . . .

WILLIAMS v. W. POWERS,, 619 So. 2d 980 (Fla. Dist. Ct. App. 1993)

. . . immunity for any acts by a medical facility in connection with providing medical records pursuant to s. 766.204 . . .