Florida Statute 766.204 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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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.

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Amendments to 766.204

Annotations, Discussions, Cases:

Cases Citing Statute 766.204

Total Results: 25

MARTIN MEMORIAL MEDICAL CENTER v. Herber

984 So. 2d 661, 2008 Fla. App. LEXIS 9436, 2008 WL 2512397

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 1288971

Cited 16 times | Published

copies of her medical records pursuant to section 766.204(1). Although the trial court conducted a hearing

Central Florida Regional Hosp. v. Hill

721 So. 2d 404, 1998 Fla. App. LEXIS 14773, 1998 WL 821759

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1323143

Cited 14 times | Published

business days of her request in compliance with section 766.204, Florida Statutes (1995). The notice further

Florida Hosp. Waterman, Inc. v. Buster

932 So. 2d 344, 2006 WL 566084

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604

Cited 10 times | Published

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

Escobar v. Olortegui

662 So. 2d 1361, 1995 WL 689543

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 1282787

Cited 8 times | Published

pleading for such damages. Similarly here, if section 766.204(2) provides that respondent's failure to provide

Yocom v. Wuesthoff Health Systems, Inc.

880 So. 2d 787, 2004 Fla. App. LEXIS 10564, 2004 WL 1584783

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1294803

Cited 7 times | Published

the statute. Thereafter, in accordance with section 766.204, Florida Statutes (2001), Dr. Yocom sent a

De La Torre v. ORTA EX REL. ORTA

785 So. 2d 553, 2001 WL 273808

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 2555863

Cited 6 times | Published

written medical corroboration against them. See § 766.204(2), Fla. Stat. (Supp.1998).[2] The trial court

Medina v. Public Health Trust

743 So. 2d 541, 1999 WL 123564

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1243183

Cited 5 times | Published

the pertinent medical records as required by section 766.204, prospective defendants had waived the requirement

Otto v. Rodriguez

710 So. 2d 1, 1998 WL 39351

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1444446

Cited 5 times | Published

provide full and complete medical records under section 766.204, Florida Statutes, which prevented the plaintiffs

Watson v. Beckman

695 So. 2d 436, 1997 WL 269173

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1522042

Cited 5 times | Published

Watson's request for copies of her dental records. § 766.204(2), Fla. Stat. (1993); Escobar v. Olortegui, 662

Anderson v. Wagner

955 So. 2d 586, 2006 WL 4540506

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1659350

Cited 4 times | Published

corroborating evidence was necessary under section 766.204 due to Dr. Wagner allegedly failing to furnish

Tapia-Ruano v. Alvarez

765 So. 2d 942, 2000 WL 1230215

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1522895

Cited 3 times | Published

medical expert, but argues that pursuant to section 766.204, Florida Statutes (1997), such a requirement

NORTH LAKELAND PAIN AND TRAUMA, INC. v. Benson

813 So. 2d 1075, 2002 Fla. App. LEXIS 5184, 2002 WL 662341

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 256156

Cited 1 times | Published

requested. However, neither section 456.057 nor section 766.204 authorizes an award of attorney's fees. In

Burbank v. Kero

813 So. 2d 292, 2002 WL 596814

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1725803

Cited 1 times | Published

and had not been provided, as required by section 766.204, Florida Statutes, equity should estop him

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

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68092091

Published

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

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

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 61718833

Published

a request for medical records pursuant to section 766.204, Florida Statutes (2009), was a definitive

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

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370802

Published

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

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

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370802

Published

within 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.

District Court of Appeal of Florida | Filed: Aug 19, 2022 | Docket: 63249360

Published

copies of her medical records as required under section 766.204, Florida Statutes (2020). That statute provides

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

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249353

Published

corroborating medical expert affidavit. See § 766.204(2), Fla. Stat. (2017).5 3 Shanay Hall Jones

DIAL 4 CARE, INC. v. ELIJAH BRINSON

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739251

Published

of his complete medical file, pursuant to section 766.204, Florida Statutes. The next day, on May 10

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

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

records be produced within ten days pursuant to section 766.204(1), Florida Statutes. Otherwise, the April

Manzaro v. Hca

254 So. 3d 576

District Court of Appeal of Florida | Filed: Jul 18, 2018 | Docket: 7461927

Published

by section 766.204(1), waiving the requirement of written medical corroboration (section 766.204(2))

Osceola Regional Hospital v. Calzada

246 So. 3d 1300

District Court of Appeal of Florida | Filed: Jul 2, 2018 | Docket: 7427987

Published

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

Houston v. GEO

73 So. 3d 323, 2011 Fla. App. LEXIS 16980, 36 Fla. L. Weekly Fed. D 2361

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 303272

Published

because the defendants failed to comply with section 766.204, Florida Statutes (2009), by not providing

Medina v. Public Health Trust

744 So. 2d 1142, 1999 Fla. App. LEXIS 14169, 24 Fla. L. Weekly Fed. D 2435

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64792204

Published

plaintiffs request, at a reasonable charge. See § 766.204, Fla. Stat. (1997). The purpose of the statute

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.