Florida Statutes
Fla. Stat. § 766.204 (2025)
Availability of medical records for presuit investigation of medical negligence claims and defenses; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 32
cases (10 in the last 5 years), 1995–2025 · leading case: Shands Jacksonville Med. Ctr., Inc. v. Eartha Pusha, as Pers. etc., 254 So. 3d 1076 (Fla. 1st DCA 2018).
Shands Jacksonville Med. Ctr., Inc. v. Eartha Pusha, as Pers. etc., 254 So. 3d 1076 (Fla. 1st DCA 2018). “Pusha argues that the plain language of section 766.204 contains no requirement that a person requesting records demonstrate their legal authority to receive the records.”
Martin Mem'l Med. Ctr. v. Herber, 984 So. 2d 661 (Fla. 4th DCA 2008). “§ 766.204(1)-(2), Fla. Stat. We previously held that the failure to provide medical records as required under section 766.”
Yocom v. Wuesthoff Health Sys., Inc., 880 So. 2d 787 (Fla. 5th DCA 2004). “Thereafter, in accordance with section 766.204, Florida Statutes (2001), Dr.”
De La Torre v. Orta Ex Rel. Orta, 785 So. 2d 553 (Fla. 3d DCA 2001). “See § 766.204(2), Fla. Stat. (Supp.1998). [2] The trial court said that the failure of the doctor timely to respond had impeded plaintiffs in their investigation of the medical malpractice claim.”
Cent. Florida Reg'l Hosp. v. Hill, 721 So. 2d 404 (Fla. 5th DCA 1998). “The notice stated that CFRH failed to produce Hill's medical records within ten business days of her request in compliance with section 766.204, Florida Statutes (1995).”
Anderson v. Wagner, 955 So. 2d 586 (Fla. 5th DCA 2006). “Anderson's assertion that no corroborating evidence was necessary under section 766.204 due to Dr. Wagner allegedly failing to furnish Mr.”
Escobar v. Olortegui, 662 So. 2d 1361 (Fla. 4th DCA 1995). “Section 766.204, Florida Statutes (1993), provides in part: (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…”
Medina v. Pub. Health Trust, 743 So. 2d 541 (Fla. 3d DCA 1999). “The Notices asserted that because of defendants' failure "to comply with their obligations to produce the pertinent medical records as required by section 766.204, prospective defendants had waived the requirement of written medical corroboration.”
Florida Hosp. Waterman, Inc. v. Buster, 932 So. 2d 344 (Fla. 5th DCA 2006). “(2004); § 766.204, Fla. Stat. (2004). Moreover, in the realm of litigation and the discovery process that is part of it, there are sufficient rules in place that will allow parties to obtain requested information under Amendment 7 in an orderly and lawful fashion.”
Burbank v. Kero, 813 So. 2d 292 (Fla. 5th DCA 2002). “Sztulman knew the records had been requested and had not been provided, as required by section 766.204, Florida Statutes, equity should estop him from relying on the statutory scheme to avoid answering for his malpractice.”
Tapia-Ruano v. Alvarez, 765 So. 2d 942 (Fla. 3d DCA 2000). “Estanillo admits that she did not file a corroborating affidavit from a medical expert, but argues that pursuant to section 766.204, Florida Statutes (1997), such a requirement was waived.”
Otto v. Rodriguez, 710 So. 2d 1 (Fla. 4th DCA 1998). “Defendant/Appellee's failure to provide full and complete medical records under section 766.204, Florida Statutes, which prevented the plaintiffs from obtaining a medical affidavit as required under section 766.”
— 766.204(1) — 9 cases
Martin Mem'l Med. Ctr. v. Herber, 984 So. 2d 661 (Fla. 4th DCA 2008). “§ 766.204(1)-(2), Fla. Stat. We previously held that the failure to provide medical records as required under section 766.”
Shands Jacksonville Med. Ctr., Inc. v. Eartha Pusha, as Pers. etc., 254 So. 3d 1076 (Fla. 1st DCA 2018). “Pusha argues that the plain language of section 766.204 contains no requirement that a person requesting records demonstrate their legal authority to receive the records.”
Medina v. Pub. Health Trust, 743 So. 2d 541 (Fla. 3d DCA 1999). “The Notices asserted that because of defendants' failure "to comply with their obligations to produce the pertinent medical records as required by section 766.204, prospective defendants had waived the requirement of written medical corroboration.”
Bailey v. Florida Dep't of Corr., 904 So. 2d 649 (Fla. 4th DCA 2005).
Medina v. Pub. Health Trust, 744 So. 2d 1142 (Fla. 3d DCA 1999).
— 766.204(2) — 22 cases
De La Torre v. Orta Ex Rel. Orta, 785 So. 2d 553 (Fla. 3d DCA 2001). “See § 766.204(2), Fla. Stat. (Supp.1998). [2] The trial court said that the failure of the doctor timely to respond had impeded plaintiffs in their investigation of the medical malpractice claim.”
Anderson v. Wagner, 955 So. 2d 586 (Fla. 5th DCA 2006). “Anderson's assertion that no corroborating evidence was necessary under section 766.204 due to Dr. Wagner allegedly failing to furnish Mr.”
Cent. Florida Reg'l Hosp. v. Hill, 721 So. 2d 404 (Fla. 5th DCA 1998). “The notice stated that CFRH failed to produce Hill's medical records within ten business days of her request in compliance with section 766.204, Florida Statutes (1995).”
Shands Jacksonville Med. Ctr., Inc. v. Eartha Pusha, as Pers. etc., 254 So. 3d 1076 (Fla. 1st DCA 2018). “Pusha argues that the plain language of section 766.204 contains no requirement that a person requesting records demonstrate their legal authority to receive the records.”
Medina v. Pub. Health Trust, 743 So. 2d 541 (Fla. 3d DCA 1999). “The Notices asserted that because of defendants' failure "to comply with their obligations to produce the pertinent medical records as required by section 766.204, prospective defendants had waived the requirement of written medical corroboration.”
— 766.204(3) — 1 case
Shands Jacksonville Med. Ctr., Inc. v. Eartha Pusha, as Pers. etc., 254 So. 3d 1076 (Fla. 1st DCA 2018). “Pusha argues that the plain language of section 766.204 contains no requirement that a person requesting records demonstrate their legal authority to receive the records.”
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