How to Obtain Medical Records After a Death

When a loved one passes away after a long illness or unexpectedly from a medical condition that was possibly unknown, it is common for family members to want to review the medical records of the person that passed, not only to answer any questions they may have regarding the care that lead up to the death, but also for possible legal action if they believe the death happened as a result of wrongdoing on the part of the attending physician. Getting the records is the right of the next of kin and should not be a problem.

Instructions

• 1

  Contact the hospital or physician's office and ask them about their policy on releasing the records of someone who is deceased. With privacy laws in effect, only the true next of kin will be allowed to request and receive the records. In most states, the legal next of kin is, in order of priority; the spouse or registered domestic partner of the deceased, the adult children of the deceased, the parents of the deceased, the siblings of the deceased and on to aunts, uncles, cousins, and so forth.

• 2

  Follow whatever protocol the hospital or attending physician's office may have for requesting records. In many cases you will need to provide them with a death certificate showing your name as legal next of kin. Respect whatever rules they have for turning the records over, as it is for the protection of your loved one that the policy is in place.

• 3

  Provide the office with an address to which to send the records or schedule a time when it is convenient for them for you to return to retrieve them. Most hospitals or physician's offices do not give the original documents to the family, instead they make copies of the records. In the event of a lawsuit against the facility, an attorney can subpoena the original records, but usually for family needs, the copies are sufficient.

• 4

  Return at the appointed time to receive the records. The office or hospital will have you sign an affidavit saying that you took copies of the records. Identification will be required by the office.