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I really need to know exactly who has the rights to my father's medical records, He did not have a will and he passed away

Canon City, CO |

He passed away and I can not get access to his medical records because I might not be listed as the informant on his death certificate. (#19) my dad lived with my grandma his mother and she might be listed as his informant, the thing is, is that his biological children need to know his medical history for the fact that he did have inheritable conditions that are needed to be noted for the health records of not only his children, but also his grandchildren I have proof that he is my dad, and for some reason this proof is not enough for me to get my dad's medical records? I know that I have been short with some of the responses on here that I have gotten, I have no idea about what i need to do in order to honestly get his information, I am his biological daughter please he

please help

Attorney Answers 2


  1. The person appointed as Personal Representative and issues Letter Testamentary if there is no other way to get the medical records. Because of HIPAA, people are concerned about releasing medical records even after a person's death.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  2. Unfortunately, there isn't an easy answer to your question. Medical record release policies vary from facility to facility. There is nothing in the law requiring medical facilities to release medical records to immediate family members. In fact, quite the opposite. I have had situations in litigation where people were unable to get medical records of deceased spouse's without first getting appointed as the deceased's personal representative by a court. If the hospital won't release the records, you may need to speak with a probate attorney about opening an estate for your dad. It's a pain, but medical records do often contain the most personal information about us that there is.

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