Legal Question in Health Care Law in California

Death/Medical Records

My son passed away the day after Thanksgiving in San Antonio Texas. I live in California. He was 23 years old, because of The HIPAA laws someone told me that the only person who can request his medical records is the closest of kin that signed the death certificate. That would be my ex husband. Is there anyway for me to get a copy of his medical records, since I was in California at the time. I am his mother....


Asked on 1/10/05, 4:55 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Death/Medical Records

Sure. If you suspect the death may have been the result of medical malpractice you would be entitled to bring a wrongful death case and get the medical records for the purpose of making that determination. You can contact an attorney who will get the records and have them reviewed. It will not cost you anything for the attorney's services.

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Answered on 1/10/05, 8:35 pm


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