Is there any way possible of getting medical records when you are not a blood relative?

Asked about 2 years ago - Chula Vista, CA

My boyfriend was in sharp emergency room on April 11th because he was being treated for high calcium levels and was released April 12th at 4:00 a.m. in the morning he passed away either late evening April 12th or early morning April 13th. I called a 1 800 number where you can talk to somebody for free about suing for medical mal practice and they said you had to get the medical records from the hospital he was being treated at and have them examined by a doctor who specializes in those cases but then they said only a blood relative could get the medical records. I told his mom and she wanted to know how much it would all cost so I found out the information for her its.25c a page for the medical records after I told his mom she said something to the effect maybe they would pursue it.

Attorney answers (3)

  1. 3

    Lawyers agree


    Answered . There are very strict laws governing who can see, and obtain copies of, medical records. Should the mother of a deceased (and unmarried) son want to pursue a medical malpractice claim, she should consult with a local medical malpractice attorney who would likely use her signature on a medical records request form and obtain the records at the attorney's expense. Thus, mother would not have to pay for the records. The records could then be reviewed by that attorney, and a determination could be made as to whether there is a viable lawsuit.


    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen&Molinaro;, LLP
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    Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;... more
  2. 3

    Lawyers agree


    Answered . As his girlfriend only, and not spouse or family member, I think your chances of getting his medical records are very low.

  3. Answered . Wow, that is terrible and I am very sorry for your loss. Unfortunately you will not be able to obtain his medical records. If his mother or father wish to pursue a medical malpractice case, one of them will have to obtain the medical records, either themselves or through an attorney they retain to pursue the medical malpractice claim. If they are interested, please remind them there are strict deadlines which, one passed, forever bar any suit, so they should contact an attorney right away.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

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