Legal Question in Medical Malpractice in Massachusetts

Medical Records (Not Malpractice)

(this should probably be in a different ''area of law.'')

Is it possible to obtain a copy of the Medical Records of a deceased person? Recently, my father passed away due to a heart attack and we wanted to see Medical Records to find out exactly what happened.

Thanks,


Asked on 3/16/04, 1:14 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Medical Records (Not Malpractice)

The most direct method for obtaining health records a family member who has died is to submit a request for medical records, with a release, signed by the representative the the decedent's estate, that complies with HIPPA (Health Insurance Portability and Accountability Act) to the hospital, nursing home or doctor in possession of the records. The health care provider can provide you with appropriate forms. If no petition has yet been filed with the Probate Court, the signature of a close family member or next of kin may suffice. In some cases Hospitals and doctors have released medical records directly to my clients who were close family members of the deceased regardless of whether they officially represent the decedent's estate.

Good luck.

J. Whitfield Larrabee

Trial & Appellate Lawyer

4 Cypress Street, Suite 6

Brookline, MA 02445

Tel. (617) 566-3670

Fax (617) 507-6435

http://www.massachusetts-wrongful-death-attorney.com

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Answered on 3/16/04, 1:38 pm


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