The 2023 Florida Statutes (including Special Session C)
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. . . 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. . . .
. . . 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 Hospital's alleged failure to timely provide requested medical records pursuant to section 766.204 . . .
. . . 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 . . .
. . . Under subsection 766.204(2), Florida Statutes (2009), the hospital’s failure to timely provide medical . . .
. . . 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’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 . . .
. . . Stat. (2004); § 766.204, Fla. Stat. (2004). . . .
. . . See §§ 766.204(1) and 766.204(2), Fla. Stat. (2002); Mincey v. . . .
. . . 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 . . .
. . . 1) Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .
. . . 1) Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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) . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 766.204(2), Fla. Stat. (1993); Escobar v. Olortegui, 662 So.2d 1361 (Fla. 4th DCA 1995). . . .
. . . Sections 766.106(5)-(9) and 766.204-.205 provide for informal presuit discovery after a notice of intent . . .
. . . 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 . . .
. . . 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 . . .
. . . immunity for any acts by a medical facility in connection with providing medical records pursuant to s. 766.204 . . .