My father's medical records

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Latest post Mon, Jul 21 2014 11:16 AM by ca19lawyer2. 3 replies.
  • Mon, Jul 21 2014 7:59 AM

    • Karen16166
    • Not Ranked
    • Joined on Mon, Jul 21 2014
    • FL
    • Posts 1

    My father's medical records

    My father passed away 2 weeks ago in Queens New York. His wife put him in a rehab center which he 

    did not need to be in and made him sign alot of papers that he did not know what he was signing. He left his will and all his bank accounts she took over them. That is the least of my problems. What i want is his medical records. And i called and they told me i needed a power of attorney which i don't have. I need to know what i can do to get his medical records? 

    Please if anyone can help me i would greatly appreciate it. 


  • Mon, Jul 21 2014 8:17 AM In reply to

    Re: My father's medical records

    Sorry for your loss.  Obviously you can't get a POA from your father and a POA wouldn't do you any good now anyway because it dies with the grantor.  Due to HIPAA and other medical privacy laws, you aren't going to be able to get the medical records without a court order.  Consult local counsel.

  • Mon, Jul 21 2014 9:05 AM In reply to

    Re: My father's medical records

    Was New York also the state in which he was residing at the time of his death? This matters because most of the law that applies here is state law. Also, why do you want the medical records?

    As gemini47 pointed out, the federal Health Insurance Portability and Accountability Act (HIPAA) has a privacy rule that applies to most medical providers that prohibits disclosure of a patient's medical records to third parties without the consent of the patient except in certain limited circumstances. A child simply wanting to see his/her parent's medical records isn't one of those exceptions. 

    You could get them if you got a court order or were otherwise entitled to get them in discovery, but that means you'd need to be a party to a lawsuit in which those records were relevant. There is nothing in your post that indicates why you want these records, and that's important. Are you just curious as to what his medical condition was? Are you just interested in learning what the cause of death was? Or is there something more to it?

  • Mon, Jul 21 2014 11:16 AM In reply to

    Re: My father's medical records

    You have no inherent entitlement to your father's medical records.  They might be subject to discovery in a lawsuit if anyone were to file one.

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