Unlocking Your Medical Records: A Step-by-Step Guide for Malpractice Cases in Florida

Oct 7

5 min read

How To Get Medical Records For A Malpractice Case In Florida

When facing down a medical malpractice case, the first thing you need to do is gather medical documentation. There’s just one problem: how do you get your Florida medical records?

You may wonder if you need to pay a fee or sit down with a medical professional to get your paperwork. If you haven’t looked at your paperwork in years, you might be worried about how helpful your medical information will be for supporting your case.

We understand the stress of getting the necessary documentation for a medical malpractice lawsuit. To help you out, we’ll explain how to start gathering your records, which records you need, and how a personal injury lawyer can help.

What Florida Medical Records Do I Need For Medical Malpractice?

A medical record is any physical or digital documentation you receive from healthcare providers during your visit. This care could range from a consultation at a physician’s office to surgery performed at a hospital.

This documentation can be simple or extensive, depending on the care you received. Even a simple doctor’s note can count, but let’s take a look at the most common types of medical records.

Operative And Post-Operative Reports

Did you receive surgery recently? You should have operative and post-operative reports with details such as:

● Your condition before and after surgery

● The names of the physicians

● The names of assistants

● Specimens removed

● Blood loss

Prescriptions

Were you prescribed medication? You may have medical documentation such as a prescription card, receipt, and/or confirmation email for a purchase.

Lab Screenings And Test Results

These medical records are often extensive and include everything from diagnostic lab tests to X-rays. They will also have signed orders for a physician’s need to perform a test in the first place.

Physician’s Notes And Nurse Progress Notes

Medical professionals regularly take notes to assess your health, such as physical health issues and your current emotional state. These notes are vital to providing accurate care and help other medical professionals meet you halfway if you get a referral.

Medical History

Your general medical history encompasses physical, mental, and emotional health details over months or years. This medical record type is essential when you're prescribed medication or obtaining preventative care, such as cancer screenings.

How To Obtain Your Medical Records

Collecting evidence for medical malpractice is daunting, especially if you’re still recovering from an injury or illness. Below are the first steps you need to take before reaching out to a personal injury lawyer.

Reach Out To Your Healthcare Facility To Request Forms

All medical facilities, whether hospitals or clinics, will have policies for supplying medical information. You need to contact their front desk and request a release of your medical records.

Fill Out The Required Forms With Accurate Information

You’ll need to fill out physical or digital forms with personal information, such as your address, Social Security number, and the type of paperwork you need. Make sure all your personal information is up-to-date or your paperwork process will be delayed.

You may also need to write a form of written mail to your physician’s last known address.

You May Be Charged A Fee (But With Limits)

Depending on the medical provider, they may charge you a small fee for receiving your medical documentation. However, medical professionals are not allowed to charge you more than the cost of copying and staff time for processing your order.

It’s easier to obtain your medical records when you have a medical malpractice Florida personal injury lawyer on your side. They will fight alongside you and ensure you have the accurate documentation needed to make a strong case for a lawsuit.

What Qualifies As Medical Malpractice In Florida?

Medical malpractice, by definition, is any medical error or negligence that interferes with quality healthcare. If you’re concerned about feeling like a burden for seeking clarification on medical care, it’s important to understand that many people have gone through a similar experience.

According to a study by the American Medical Association, over 30% of physicians have been sued at some point in their careers. General surgeons and obstetricians are the most likely to be sued.

Still worried that your experience may not qualify as medical malpractice in Florida? Let’s take a look at the most well-known types below.

Failure To Diagnose

This type of medical malpractice refers to a medical professional failing to give you the correct diagnosis for an injury or illness when you seek treatment. Since a delay can make a condition worse, this is an area you can seek compensation for.

You may be able to spot this error by seeking out physician’s notes or nurse progress notes.

Surgical Errors

If you received surgery, but had the wrong part of the body operated on, you can seek a medical malpractice claim. A surgical error can also look like failing to provide the proper amount of anesthesia, causing nerve damage, or leaving foreign objects behind.

Finding proof of surgical errors will involve medical documentation such as operative and post-operative reports.

Wrong Medications

You may be able to file a medical malpractice lawsuit if you believe you received the wrong medication. The wrong prescription can potentially delay care or even cause an adverse reaction.

Medical documentation such as prescription cards, receipts, and physician’s notes can provide proof of medical malpractice. If you had an adverse reaction to the wrong medication that required treatment, you can also use an ambulance bill or hospital stay as medical documentation.

Loutos Law Firm Will Work With You To Get Your Medical Records

There are several more types of medical malpractice in Florida you may qualify for. A Florida personal injury lawyer is ready to help you keep all of your personal information organized so you have the best possible chance of compensation.

We at Loutos Law Firm regularly work with people lost and confused after a painful medical experience. When you need help gathering medical documentation or filling out the right paperwork, we’ll walk you through the process one-on-one. Malpractice Florida personal injury lawyers are allowed to gather records and reports from your practitioner on your behalf.

From helping you navigate denied insurance claims to representing you in court, we’re determined to help you recover as quickly as possible.

Don’t hesitate to reach out to us and talk about your experience before moving forward with legal representation. Call us at 772-617-0811 for a free consultation so you can get the support you need during this difficult time.

References: