Florida mandates re: Statute 400.145 that unless expressly prohibited by a legally competent resident, nursing homes are required to furnish to the medical proxy (Lora Hudson), a copy of the patient’s medical records. These records are to be provided within (7) working days after receipt of a written request. It has been 3 weeks and still no word from the nursing home.
You can follow up with the nursing home. 3 weeks is not that long, especially considering the often lengthy medical records for nursing homes. That being said, nursing home actions are very complicated. If you believe that the nursing home has done something wrong, you should consider moving your brother to another facility and hiring a lawyer to assist you.
Avvo is a general information forum. My responses are not legal advice. I am not your attorney unless I explicitly agree to accept your case and you sign a contract. If you want you legal advice, I recommend that you hire a lawyer to discuss your situation.
In NY if a provider is intransigent in providing records the Department of Health can be called upon to intervene. I am sure there is a FL equivalent agency.
Attorneys Davis and Wolf have provided great suggestions.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Unclear if you filled out a HIPAA compliant authorization with a check for copying costs.
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