what type of lawyer to get my deceased sons medical records

Full Answer

Who can get medical records of a deceased person?

Today, any “distributee” of the decedent’s Estate can get the medical records, and there is no longer a requirement that an Estate representative be appointed. A “distributee” typically includes the surviving spouse and children, under New York’s Estate Powers and Trusts law.

Do I need an attorney to obtain medical records?

The appointment of an Estate representative is a time-consuming and cumbersome task that requires an attorney. In many potential cases, the family decides that it is not worth the trouble to have an Estate representative appointed in order to obtain the medical records. Boy, how things changed!

What happens to medical records when someone dies without a will?

If a person dies without having made a will, most states recognize their nearest surviving relative as their personal representative or executor, this may be a: Depending on the state’s practices, this person may need to go through extra steps in order to obtain access to their deceased relative’s medical records.

Who can request an autopsy for a deceased person?

Those people are relatives of the deceased, or certain representatives of those relatives. Requests may be needed for various reasons including autopsy of the deceased or medical history for other family members.

Locate Places Records Are Held

Records are found at hospitals, doctors offices and specialized labs such as imaging or blood work. Determine what type of business is holding the...

Complete A Written Request

Put the request in writing, explaining your relationship to the deceased and why you need the medical records. Be as official as possible when maki...

Who Has Authority For The Request

Generally, only immediate family or the executor of the estate has access to deceased's medical records. Medical records do not belong to the estat...

Who has authority to request medical records?

Who Has Authority for the Request. Generally, only immediate family or the executor of the estate has access to deceased's medical records. Medical records do not belong to the estate, so the deceased's personal representative cannot approve or deny a request for the records. However, under the Health Insurance Portability ...

Where are medical records located?

Records are found at hospitals, doctors offices and specialized labs such as imaging or blood work. Determine what type of business is holding the medical records. Larger agencies or hospitals may have records centrally located or archived in different departments.

Why do you need a request for autopsy?

Requests may be needed for various reasons including autopsy of the deceased or medical history for other family members.

Is medical information protected?

While medical records are protected information, reasonable need and use is allowed. Use the Freedom of Information (FOI) Act resources, which are available online. For the specific task of getting the medical records of a deceased relative, find an FOI request letter generator. This gives you a template or example of the specific language ...

Who has the right to get medical records when a family member dies?

Who Has The Right To Get The Medical Records When A Family Member Dies? Until the law was changed several years ago, no family member had the right to get the decedent’s medical records until an Estate representative had been appointed. The appointment of an Estate representative is a time-consuming and cumbersome task that requires an attorney.

Who can get medical records in New York?

Today, any “distributee” of the decedent’s Estate can get the medical records, and there is no longer a requirement that an Estate representative be appointed. A “distributee” typically includes the surviving spouse and children, under New York’s Estate Powers and Trusts law. When a family member dies, any of the distributees can obtain ...

What to do if a physician says an estate representative must be appointed?

If a physician or hospital tells you that an Estate representative must be appointed before they will release the medical records, they are dead wrong (excuse the pun). The first step is to ask to speak with the director of the medical records department and if that fails, you should inform the hospital that you intend to report them to ...

Can Medical Health Records be Accessed in a Personal Injury Lawsuit?

Of particular concern is the use of medical health records in a personal injury lawsuit. Generally speaking, communications between a doctor and patient are confidential if they are being made in connection with a lawsuit. While a medical health record will be made, such information is considered “privileged” or confidential.

What if I am Involved in a Dispute Over Medical Health Records?

The unauthorized release of a patient’s medical health records is prohibited by law. Such information is sometimes sought for the purposes of marketing and advertising (for instance, if a pharmaceutical company wishes to know which types of medicines are popular). Or, an insurance company may seek to learn similar information.

Do I Need a Lawyer for Help With Medical Health Records?

Medical health records can be a valuable tool in many different circumstances. However, they need to be accessed and handled with great care in order to prevent misuse. You may wish to hire a qualified financial lawyers in your area if you need any legal assistance at all regarding medical health records.