The Personal Story: Your Daily Health & Symptom Journal
Make one short entry every day (paper or notes app). Keep it honest, specific, and consistent.
- Pain: 0-10 score, where/when it’s worst, triggers (e.g., stairs, sleep).
- Symptoms: Mobility limits, headaches, numbness, nausea, fatigue, “brain fog,” new scars/swelling.
- Emotional impact: Anxiety, fear, frustration, sleep loss. These are compensable harms.
- Function: What you couldn’t do today (work shift, child care, errands, exercise, social plans).
- Meds & side effects: Dose/time, whether they helped.
Tip: Write for your future self on the stand brief, factual entries that show a day by day pattern.
The Financial Story: Your Ledger of Economic Harms
Start a folder + spreadsheet. Save every bill/receipt.
- Medical bills: Hospital, surgeons, anesthesia, imaging, labs, PT/OT, pharmacy.
- Out‑of‑pocket: Co‑pays, OTC supplies, braces, wound care, home equipment.
- Travel: Mileage, gas, parking, tolls, rideshare for every appointment.
- Work impact: Pay stubs (before/after), employer letter re: missed hours/position changes; note any reduced duties.
- Future costs: Recommended surgeries, therapy plans, home modifications.
Imaging (e.g., X‑rays, MRIs) may be charged at actual duplication cost under Florida law; keep those receipts, too.
The Official Story: Getting Your Complete Medical Records
Your chart is the objective backbone of the case. You have two powerful lanes to obtain it:
A) HIPAA Right of Access (federal)
Providers must act on your request within 30 calendar days (one 30‑day extension allowed with a written explanation).
Fees must be reasonable and cost‑based (labor for copying, supplies, postage); no “retrieval” fees.
Ask for electronic PDF via portal or secure email to minimize cost.
B) Florida medical‑negligence presuit (if your case is already in presuit)
When a case is in presuit, medical records must be produced within 10 business days of a written request (20 days for certain special hospital districts). Use this if timing gets tight.
Online Sunshine
Your Notice of Intent must include a HIPAA‑compliant presuit authorization (Fla. Stat. § 766.1065), which Florida’s federal appellate court has upheld.
Florida copy charges (quick reference)
Hospitals/facilities: caps (e.g., up to $1/page for paper; specific charges for non paper and “per‑year” fees). Imaging is billed at actual costs for duplication.
Online Sunshine
Physicians: Board rule sets per‑page maximums; however, HIPAA’s cost‑based fee governs when you request your records. If you’re quoted per page for an e copy, cite HIPAA and ask for the cost based breakdown.
Information Blocking (21st Century Cures Act)
Many notes, labs, and reports must be available electronically without delay; unnecessary slow‑walking can be reportable. Check your portal and request digital delivery first.
Request Letter Template (copy/paste)
[Your Name]
[Address] • [Phone] • [Email] • DOB: [MM/DD/YYYY]
DATE: [MM/DD/YYYY]
TO: Health Information Management / Medical Records
[Provider/Facility Name]
[Fax/Email/Address]
RE: HIPAA Right of Access Request – Complete Records for [Your Name]; Dates of Service: [Start–End]
I request my complete designated record set for the dates above, including: provider/nurse notes, H&Ps, orders, MAR/med logs, labs/imaging reports, operative notes, discharge summaries, consults, PT/OT notes, billing/claim records, and any addenda.
Please provide:
FORMAT: Electronic PDF via secure portal or encrypted email (preferred).
FEES: HIPAA cost‑based itemization only.
TIMELINE: Please fulfill within 30 days of receipt (45 CFR 164.524). If you need an extension, send written notice with the reason and a firm date. If already in presuit under Fla. Stat. § 766.204, please produce within 10 business days.
Signature: __________________________ Date: __________
(For presuit, we’ll also send the statutory HIPAA authorization required by § 766.1065 with your Notice of Intent.)
What Not to Do
Don’t write on or reorder: The records you receive. Keep originals intact and make working copies.
Don’t pay inflated “retrieval” fees: For your own Right of Access request; ask for the HIPAA cost‑based calculation.
Don’t wait: Dates matter. HIPAA gives providers up to 30 days; Florida presuit can compel production in 10 business days.
Weaving the Three Stories into One Claim
Your daily journal proves how you live with the injury. Your ledger proves what it costs. Your chart proves what happened and why. Together, they create a three dimensional case that insurers and juries can’t ignore.
Next step: Start the folder and template today. Then call our office for a free, confidential review; we’ll map your records against Florida’s standard of care and deadlines and handle the legal choreography from there.
FAQ (Miami & Florida)
How long should a provider take?
HIPAA requires action within 30 calendar days (one 30‑day extension with written notice). Presuit requests in Florida can compel production in 10 business days.
Can I be charged per page for a PDF?
For a patient’s own HIPAA request, fees must be cost‑based (labor/supplies/postage) flat per page charges for e‑copies are improper. Facilities still have Florida caps for other request types.
Do I need imaging CDs, or just the reports?
Get both: the radiology report and a copy of the actual images (often on CD/portal). Imaging duplication is billed at actual costs under Florida rules.
What if the portal shows results but Records delays my PDF?
Point to Information Blocking rules and ask for immediate electronic release unless a narrow exception applies.
Do I have to sign a special form during presuit?
Yes. Florida requires a HIPAA compliant presuit authorization to accompany your Notice of Intent; the Eleventh Circuit upheld this requirement.
Authority & Verification
Verify a Lawyer: Florida Bar Member Directory
Board Certification (what it means): The Florida Bar — Board Certification Overview
ABOTA (trial-lawyer signal): ABOTA Miami
Daubert in Florida: Florida Courts Daubert Bench Guide (2023)
Presuit & Tolling: Fla. Stat. §766.106 and §766.203
Deadlines: Fla. Stat. §95.11(5)(c)
Contingency-Fee Rights & Waiver: Statement of Client’s Rights; Supreme Court-approved med-mal fee-cap waiver
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.
Attorney advertising note: This page is general information, not legal advice. Hiring a lawyer is an important decision that should not be based solely upon advertisements.