Detailed Answer

In Florida auto accident injury cases, medical records and diagnostic imaging form the backbone of your evidence. They document the nature, extent, and causation of your injuries. Follow these steps to obtain and effectively use them under Florida law.

1. Authorize Release of Your Records

Under Florida Statute § 456.057(5), patients must sign a written authorization before health care providers release records. Your attorney will prepare a HIPAA-compliant form that names each provider, specifies the type of records (e.g., hospital notes, imaging films), and includes clear date ranges. For HIPAA authorization requirements, see the U.S. Department of Health & Human Services: HHS HIPAA Privacy Rule.

2. Request Comprehensive Medical Documentation

Send the signed authorization to every treating facility or physician. Ask for:

Hospital and emergency department records
Physician office charts
Diagnostic imaging reports (MRI, CT, X-ray) and the original DICOM files
Physical therapy and rehabilitation notes
Billing statements and itemized invoices

Hospitals must retain records at least five years under Fla. Stat. § 395.3025: 395.3025. Request records promptly before the retention period expires.

3. Authenticate and Prepare for Admissibility

Florida’s Evidence Code includes a business records hearsay exception. Fla. Stat. § 90.803(6) allows medical records to be admitted if a custodian or qualified witness testifies that the records were made in the regular course of business. See 90.803.

To authenticate diagnostic images:

Obtain a certified copy or CD/DVD of the original image files.
Have a radiology technician or custodian sign an affidavit verifying the accuracy of the images.
Include the radiologist’s report alongside the actual film or digital file.

4. Use in Discovery and Trial

During discovery, serve Requests for Production under Florida Rule of Civil Procedure 1.350 to compel opposing parties to provide relevant records. Organize your medical evidence chronologically to show:

Initial diagnosis and treatment
Progression or resolution of symptoms
Long-term prognosis and future care needs

At trial, introduce records through a sponsoring witness (e.g., records custodian) and use expert testimony to interpret imaging results. Clearly explain how each record supports causation, extent of injury, and damages.

5. Protect Your Privacy

Medical records contain sensitive information. Ensure authorizations limit disclosures to only what’s necessary. Your attorney can file a motion under Fla. R. Civ. P. 1.280(c) to seal highly personal records not relevant to liability or damages.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.

Helpful Hints

Submit authorizations early to avoid delays.
Double-check that authorizations include all relevant providers and date ranges.
Obtain both narrative reports and original imaging files for maximum impact.
Use certified custodial affidavits to streamline admissibility.
Engage medical experts to interpret complex images and explain findings in court-friendly language.