The Florida Supreme Court has upheld the rights of a plaintiff to access all pertinent medical records in a medical malpractice case. The ruling was made in a case filed against Cedars Healthcare Group of Miami by Myriam Ampuero-Martinez.
The Right to Know
The plaintiff had filed a case of wrongful death against the medical provider after the death of her father. While the trail court permitted her discovery request, the Third District judge squashed the order. Cedars had argued that as it was no longer in business it need not comply with the state law that said patients had a right to all health information. The current judgment has ruled that patients have a constitutional right to learn about want happens to them in the hospitals and under the care of medical providers.
With this, the Cedars Group will have to release the information sought by the plaintiff.
When it comes to proving medical malpractice the patient or their representative needs to have all the relevant information. In order to prove a case of wrongful death, the plaintiff requires all the hospitalization information regarding her father.
Challenges Lie Ahead
When you face such a situation and need to obtain information and records from a medical care provider, you need to take the help of a medical malpractice attorney who can argue your case in court. Before a person can prove medical malpractice they need to have access to information, prove a medical practitioner-patient relationship, and that reasonable care was not provided.
This is not easy to do and screaming at everyone in the hospital is not the right direction to take. If you are nice to people in the hospital despite being upset about what happened or what is going on you may find someone who works in the hospital willing to help you out. It could be a doctor or a nurse or someone else that knows but hollering at everyone is just going to push people away from you.
If you suspect that you or a loved one has been affected by medical negligence you need to contact a medical malpractice attorney as soon as possible in order to begin the case. This is the only way by which you can receive the settlement due to you.