Not only are medical records an important part of your health care because they contain a written history of your health and treatments, but they are also used as evidence in a medical malpractice case. According to Florida Laws and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, you have the legal right to obtain copies of your medical records.
Florida patients have the right to do the following:
See and obtain a copy of your medical record – Florida law states that a patient or his/her legal representative can get a copy of his/her medical records and bills in a timely manner, generally within 30 days. State health care providers technically own your medical record and have the right to keep an original copy, while patients are only allowed to see and obtain a copy of it. Lastly, while reading the medical record is free, medical professionals may charge up to $1 per page for copying.
Amend your medical record by adding information – You have the right to amend your medical record, which means adding information to it in order to provide a more accurate and complete documentation of your health.
File a complaint – If you believe your health care provider has violated your right to see, obtain a copy of, or amend your medical record, you can file a complaint with the state agency that oversees your health care provider, the U.S. Department of Health and Human Services (HHS) or, the Office of Civil Rights.
File a lawsuit in state court to get your medical record – You can sue the health care provider to obtain a copy of your medical record in Florida local court.
Many health care providers in Florida must keep medical records for at least five years after the patient’s last visit or contact. When it comes to public hospitals, such institutions must keep their medical records for a minimum of seven years after a patient has been discharged.
If you are interested in filing a medical malpractice lawsuit in Weston, FL, call Rash Mueller at (954) 914-7116 or complete our online contact form today to schedule a free consultation. Let our experienced and award-winning legal team protect your rights, best interests, and health.