Legal Question in Family Law in Pennsylvania

Rights to obtain deceased mother's medical records

I would like to know if I am able to obtain my mother's health records? She is deceased, and I was put up for adoption at a young age, I feel her records would be helpful to my doctors, for family history reasons, since I don't know anything about her. My dr. thinks that since she is deceased, the privacy act should not matter. Is this correct?

Thank You


Asked on 2/24/06, 7:14 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Rights to obtain deceased mother's medical records

Your doctor is somewhat correct. Her privacy remains with her but your need to know may exceed her right to privacy. But many health care providers can be more at ease with release at their discretion. This is especially true if there is nothing objectionable in the history, such as STD, drug use, psychiatric disorders. Not to suggest that you couldn't get the records in those circumstances, but you may have to jump through some hoops.

Another question is do the records still exist. Not only do you need to find her healthcare providers, but they must have maintained her records. Many providers destroy healthcare records after a certain period of time. Almost certainly the quickly go to strorage archives shortly after death.

You can start the investigation on your own and see how far you get. My guess is that you will need some legal assistance. At that time you should seek an attorney to healp you with your project.

Good luck.

Regards,

Roger Traversa

[email protected]

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Answered on 2/24/06, 9:31 pm


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