How doI obtain a copy of my deceased brother’s medical records?

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How doI obtain a copy of my deceased brother’s medical records?

My brother died in California, left no Will but his estate was next to zero and no probate is required. I now need to get his medical records. I am his only living relative. How do I do that?

Asked on August 25, 2010 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  You may have to have yourself appointed as the Personal Representative for a limited purpose - to obtain the medical records.  You will need to sign HIPAA complaint authorizations for the release of the medical information and only someone who legally represents an estate can sign them.  Although it may seem like making a mountain out of a molehill, the law is there to protect people and their personal information from those that may not be entitled to see them.  The hospital needs to verify that you are who you say that you are and that you are entitled under the law to make this request.  They rely on the courts to do that for them in these kids of matters.  Good luck.


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