Several visitors to our website have asked this question. When someone dies, the records cannot be released to a family member unless certain steps are done. It would seem that records should be able to be given to a surviving spouse or children but that is not the case.
The Personal Representative (“PR”) of an estate is the only person who has the legal authority to request the medical records.
If there is a will, the PR will be identified. But if there is no will, there is no PR.
We deal with this issue on a regular basis. We know how to do the proper paperwork to get a PR appointed by the Court so that we can get can the medical records in cases where there is no will.
If you have a wrongful death personal injury or medical malpractice case and you need us to get the medical records and to investigate the case, please call us toll free at 1-800-299-HURT. You can fill out any of the contact forms on this page or on any page of the website.