Full question:
WHEN ANY LAWYER ASK ME FOR THE MEDICAL RECORDS OF ANY OF MY PATIENT PURSUANT FLORIDA STATUTES 766.204 AND 456.057 FOR PROBABLY A SUIT AGAINST ME. DO I HAVE THE RIGHT TO ASK WHY HE/SHE WANTS MY PATIENT MEDICAL RECORDS? AND WHICH FLORIDA STATUS GIVE ME THAT RIGHT? THANK YOU
- Category: Civil Actions
- Date:
- State: Florida
Answer:
We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
The lawyer is acting as agent for the patient. A patient has a right to obtain their own medical records, so there is nothing you can do but hand over the copies - it is no different than if the patient was asking for them.
Yes, of course you can ask why the lawyer wants them. But he would not be required to respond. If he said he was suing you, you'd still have to hand them over. They are the patient's records and the patient is asking for them.
Unless you are being sued, you could certainly contact the patient and ask if there was any trouble, anything you could do, etc, without making any admissions of fault. Once you have been sued, the patient can ask that you only communicate with him/her through their attorney.
Good luck.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
