Answer Box Summary: Under HIPAA, patients can obtain copies of their records in the requested form and format if readily producible, within 30 days (one 30 day extension by written notice). Fees to patients must be reasonable and cost based (copying labor, supplies, postage) no search/retrieval fees.
Your Daily Health & Symptom Journal (The Human Story)
This journal tells the day-to-day story of how the medical error affects you. Consistency is more important than perfect writing. Be sure to record:
- Pain: Note its location, triggers, and intensity on a 0–10 scale. Describe the type of pain (e.g., sharp, dull, burning).
- Symptoms & Limits: Log all physical and emotional symptoms, such as headaches, dizziness, sleep loss, anxiety, or frustration. Detail how these limits impact your life, like missed work, skipped family activities, or the inability to enjoy hobbies.
- Medications & Side Effects: List each medication, its dose, the time you take it, and any side effects you experience (e.g., nausea, drowsiness).
- Mood: Honestly document your emotional state. Note feelings of anxiety, frustration, or social isolation.
Your Expense Ledger (The Financial Story)
Meticulously track all out-of-pocket costs related to the medical error. Small amounts add up quickly and are a key part of your damages. Keep receipts for everything:
- Medical Bills: Hospital, surgeon, anesthesia, labs, imaging, physical therapy, home health, etc.
- Supplies: Prescriptions, over-the-counter medications, and medical supplies.
- Travel Costs: Log mileage, parking fees, tolls, and rideshare expenses for all medical appointments.
- Lost Income: Keep copies of pay stubs from before and after the incident. If possible, get a letter from your HR department detailing the dates you missed from work.
Your Official Medical Record (The Objective Story)
These are the official documents experts rely on to evaluate whether the standard of care was breached. You must formally request your complete designated record set from every provider involved in your care, both before and after the incident. This includes physician offices, hospitals, labs, imaging centers, and pharmacies.
What to Say in Each Request
Use this specific language in your written request to ensure you receive all necessary documents:
“Please provide my complete designated record set for the dates of service listed, including clinician and nursing notes, orders, labs, imaging reports, operative notes, consults, care plans, discharge summaries, billing/UB-04/HCFA-1500, and all items used to make decisions about me. Deliver as an electronic PDF (or a mutually agreed readable e-format).”
Timing & Fees (What to Expect)
Federal and Florida laws set specific rules for record requests.
- Timing: Under HIPAA, the provider must act on your request within 30 days. They are allowed one additional 30-day extension but must provide you with a written reason for the delay and a new due date.
- HIPAA Fees: Providers may only charge reasonable, cost-based fees for the labor of copying, supplies, and postage. They cannot charge you a search or retrieval fee. You cannot be charged for viewing or downloading your records through a certified EHR patient portal.
- Florida Hospital Copy-Cost Caps: Per Fla. Stat. § 395.3025, hospitals and ambulatory surgery centers (ASCs) may charge no more than $1.00 per page for paper copies and $2.00 per page for non-paper copies (like microfilm). They may add $1.00 for each year of records searched, plus actual postage and sales tax. There is no charge for copying or searching if the records are for continuing care.
- Florida Physician-Office Rates: Per Fla. Admin. Code R. 64B8-10.003, physician offices may charge $1.00 per page for the first 25 pages and $0.25 for each page thereafter for patients. The actual cost can be charged for X-rays and other special media. (A companion rule, 64B15-15.003, applies to osteopathic physicians.)
When the Records Arrive
- Do: Make a digital backup immediately, sort the documents chronologically, and create a simple index of what you have from each provider.
- Don’t: Write on the original documents, remove staples, or reorder the pages. Bring the complete, unaltered set to your attorney.
Common Mistakes to Avoid
Only asking the hospital. Request records from your primary care physician, any specialists you saw before the incident, imaging centers, labs, and all post incident providers.
Requesting paper everything. Electronic records are faster to get, cheaper, and easier to share with legal and medical experts. Always ask for PDFs or portal delivery first.
Waiting until you file a lawsuit. Start the request process now. Some providers use the full time allowed by law, so waiting can cause significant delays.
Not sending records directly to your counsel. You have the right to direct a provider to send your records straight to your attorney. This must be in a signed, written request, and the same HIPAA fee limits apply.
Why This Groundwork Wins Cases
This documentation creates a complete and coherent narrative a jury can follow. Your journal shows the day-to-day human harm, your ledger proves the financial losses, and your official records allow qualified experts to prove that the prevailing professional standard of care was breached.
Frequently Asked Questions (FAQ)
How long do providers have to send my records? They must act on your request within 30 days. They can take one 30-day extension if they give you a written reason and a new due date.
Can I be charged for my own medical records? Yes, but under HIPAA, the fee must be a reasonable, cost-based amount for copying labor and supplies. You cannot be charged a search/retrieval fee, and there is no charge for accessing them via a certified patient portal.
What are the copy costs in Florida? For hospitals, it’s ≤ $1.00/page (paper) or ≤ $2.00/page (non-paper), plus $1 per year searched. For physician offices, it’s $1.00/page for the first 25 pages and $0.25/page after that.
Can I have records sent directly to my lawyer? Yes. A signed, written request from you can direct any provider to send your “designated record set” to a third party, like your attorney. The same HIPAA fee limits apply.
Legal Authority & Sources
HIPAA Right of Access (timing, fees, form/format, third-party direction, designated record set): U.S. Department of Health & Human Services (HHS.gov), Individuals’ Right under HIPAA to Access their Health Information.
Florida Hospital Copy Charges: Fla. Stat. § 395.3025 (2025).
Florida Physician-Office Copy Charges: Fla. Admin. Code R. 64B8-10.003 (Board of Medicine); R. 64B15-15.003 (Board of Osteopathic Medicine).
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.