Florida Statute 766.204 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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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.

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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: District Court of Appeal of Florida | Date Filed: 2024-05-15

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: District Court of Appeal of Florida | Date Filed: 2023-03-29

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2022-09-23

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: District Court of Appeal of Florida | Date Filed: 2022-08-19

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-04-20

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

DIAL 4 CARE, INC. v. ELIJAH BRINSON

Court: District Court of Appeal of Florida | Date Filed: 2021-03-17

Snippet: his complete medical file, pursuant to section 766.204, Florida Statutes. The next day, on May 10, 2019

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 1076

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

Manzaro v. Hca

Court: District Court of Appeal of Florida | Date Filed: 2018-07-18

Citation: 254 So. 3d 576

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

Osceola Regional Hospital v. Calzada

Court: District Court of Appeal of Florida | Date Filed: 2018-07-02

Citation: 246 So. 3d 1300

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

Houston v. GEO

Court: District Court of Appeal of Florida | Date Filed: 2011-10-26

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

Herber v. Martin Memorial Medical Center, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

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: District Court of Appeal of Florida | Date Filed: 2008-06-25

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

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

Anderson v. Wagner

Court: District Court of Appeal of Florida | Date Filed: 2006-08-18

Citation: 955 So. 2d 586, 2006 WL 4540506

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

Florida Hosp. Waterman, Inc. v. Buster

Court: District Court of Appeal of Florida | Date Filed: 2006-03-10

Citation: 932 So. 2d 344, 2006 WL 566084

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: District Court of Appeal of Florida | Date Filed: 2005-06-29

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: District Court of Appeal of Florida | Date Filed: 2004-07-16

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

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

Walker v. Virginia Ins. Reciprocal

Court: Supreme Court of Florida | Date Filed: 2003-03-20

Citation: 842 So. 2d 804, 2003 WL 1338990

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: Supreme Court of Florida | Date Filed: 2002-12-12

Citation: 840 So. 2d 974, 27 Fla. L. Weekly Supp. 1030, 2002 Fla. LEXIS 2591, 2002 WL 31769252

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: District Court of Appeal of Florida | Date Filed: 2002-04-24

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

Snippet: her medical records citing sections 456.057 and 766.204, Florida Statutes (2001). In her petition, she

Burbank v. Kero

Court: District Court of Appeal of Florida | Date Filed: 2002-04-19

Citation: 813 So. 2d 292, 2002 WL 596814

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