Florida Statutes Section 766.1065 is a component of the state's medical malpractice framework.
Authorization for Release of Protected Health Information
Along with the pre-suit notice, F.S. 766.1065 mandates that the plaintiff provide an executed authorization form allowing the release of their protected health information (PHI). This authorization must comply with the federal Health Insurance Portability and Accountability Act (HIPAA) and is intended to enable the defendant to evaluate the claim thoroughly. The authorization form must permit the defendant to obtain the plaintiff's medical records from any healthcare provider who has treated the plaintiff during the period relevant to the allegations.
The statute specifies the exact language that must be included in the authorization form. This ensures consistency and clarity, preventing disputes over the adequacy of the authorization. It is crucial for plaintiffs to use the correct form, as failure to provide a properly executed authorization can result in the dismissal of their claim.
Consequences of Non-Compliance
Failure to comply with the requirements of F.S. 766.1065 can have severe consequences for plaintiffs as non-compliance can result in the dismissal of their lawsuit.
You can reach Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
