Legal Question in Legal Ethics in Michigan
unauthorized
can a doctor obtain records for a deceased person even if he has never seen or known the deceased. it is legal to have a life insurance policy with all the information faxed to a person that has no authorization, nothing to do with the policy. all this information was faxed to a Dr.'s office in which the deceaseds childs mother works. can this be done.
1 Answer from Attorneys
Re: unauthorized
Most medical providers are very careful lately about releasing the records of a deceased person. All the hospitals that I know of in Michigan actually require that an estate be opened in the name of the dead person and that a personal representative be appointed who then has authority to sign the authorization allowing release of the records. If the doctor released the dead person's records without proper authorization, then there may be a violation of confidentiality. However, as far as a lawsuit is concerned, where are the damages? William S. Stern 248-353-9400
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