How To Get A Deceased Person’s Medical Records For A Wrongful Death Lawsuit?

On behalf of Dan Doyle Law Group posted in Wrongful Death on Friday, June 15, 2018.
Wrongful Death

Medical records serve as a vital document in any wrongful death case in Media or elsewhere in Pennsylvania. There is an unthinkable amount of bureaucracy involved in the process of obtaining a deceased person’s medical records, which is why we asked our Media wrongful death attorney to explain how you can request your family member’s medical records after his or her death.

Here at the Dan Doyle Law Group, our best wrongful death lawyers in Pennsylvania handle all kinds of personal injury, medical malpractice, and wrongful death cases on a daily basis, which means we spend countless hours requesting and reviewing our clients’ medical records.

Requesting and reviewing a deceased family member’s medical records

You may be surprised to hear this, but the process of obtaining and reviewing the medical records of your deceased loved on may not be as easy as you think. In general, you will need the medical records of your loved one as soon as possible to start wrongful death litigation and obtain compensation for the death caused by negligence, recklessness, wrongful act, intentional act, omission to act, or breach of contract.

In most cases, you will need the help of an experienced wrongful death attorney in Media in order to review the medical records properly. More often than not, these records contain thousands of disorganized pages and lots of confusing information, which will make zero sense to someone without a law and medical degree.

How to obtain a deceased person’s medical records?

But how do you obtain your deceased loved one’s medical records in order to file a wrongful death lawsuit? Whether you lost a spouse, child, or parent, the hospital, clinic or healthcare provider that has your family member’s medical records will most likely make you jump through unnecessary bureaucratic hoops before providing you access to those records, particularly if you are not legally represented by an experienced lawyer and if your case involves medical malpractice.

In order to obtain a deceased person’s medical records as soon as possible, you will need to be appointed a representative (executor) of the decedent’s estate. In that case, you will need to bring proof that you are a representative when requesting medical records.

Under federal and state laws in Pennsylvania, hospitals and healthcare providers are legally required to treat representatives of the estate as the individual. The rule applies to the representative of the decedent’s estate, both an executor and administrator or anyone else who has authority to act on behalf of the deceased’s person or the estate.

Who else can obtain a decedent’s medical records?

In a nutshell, a representative of the decedent’s estate can get access to the deceased person’s medical records sooner than anyone else, as others will be required to jump through quite a few bureaucratic hoops before getting their hands on the records.

When requesting a deceased family member’s medical records, the representative or family member will need to show a death certificate for the deceased and documents proving that he or she has authority to act on behalf of the deceased individual or estate.

Our Media wrongful death attorney explains that if no one has been appointed the representative of the estate, the next of kin responsible for the decedent’s remain will be able to obtain access to the deceased person’s medical records. Contact the Dan Doyle Law Group to find out more. Speak to our attorneys by calling our offices at 215-987-3730 or complete this contact form and get a free consultation.

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