Our wrongful death law firm receives many calls from family members or close friends after a person has died, asking how they can get access to medical records. This can be a very confusing topic. For example, many people think that because they have a power of attorney, they should be able to access the medical records, not realizing that under the law, when the person dies, the power of attorney is no longer in effect.

There is a complex process involving HIPAA laws and patient-physician privilege. In Virginia, the deputy clerk in the circuit court can appoint an administrator or legal representative. The lawyers at our firm can assist with this process to pursue a wrongful death case. If you have lost a loved one, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.

Who Is Legally Entitled to Access the Medical Records of a Deceased Person in Virginia?

In Virginia, access to a deceased person’s medical records is governed by both federal and state laws. Under the Health Insurance Portability and Accountability Act (HIPAA), the right to access medical records typically transfers to the deceased person’s personal representative, such as an executor or administrator of their estate. This individual is authorized to request the deceased’s medical records to settle the estate or address legal matters.

If no formal estate representative has been appointed, Virginia law allows certain close relatives to access the records. These include:

  • The deceased’s spouse.
  • Adult children of the deceased.
  • Parents of the deceased.

Access may also be granted to individuals with a valid legal claim, such as those involved in a wrongful death lawsuit or other legal matters requiring the records. When requesting these records, it’s important to provide proof of authority or legal standing.

What Steps Are Required to Request Medical Records of a Deceased Person in Virginia?

Requesting medical records for a deceased person involves several steps:

Identify Your Legal Standing

Ensure you have the authority to access the records as a personal representative, next of kin, or party with a legitimate legal interest.

Gather Necessary Documents

Prepare documentation such as:

  • A copy of the deceased person’s death certificate.
  • Proof of your relationship to the deceased (e.g., marriage certificate, birth certificate).
  • Legal documents appointing you as the executor, administrator, or authorized representative of the estate.

Contact the Healthcare Provider

Submit a written request to the healthcare provider or medical facility that holds the records. Include the deceased’s name, date of birth, date of death, and the purpose of your request.

Provide HIPAA Authorization

If applicable, include a copy of any signed HIPAA authorization form from the deceased or evidence of your authority to access their records under Virginia law.

Pay Applicable Fees

  • Be prepared to pay reasonable fees for the reproduction and delivery of medical records.
  • If the healthcare provider denies access, you may need to seek legal assistance to enforce your rights.

What Are the Legal Restrictions on Accessing a Deceased Person’s Medical Records in Virginia?

While certain individuals and representatives can access a deceased person’s medical records, there are legal restrictions in place to protect privacy:

  • HIPAA’s privacy rule: Medical records are protected for 50 years after a person’s death under HIPAA. Only authorized individuals, such as personal representatives or those with legal claims, may access these records during that period.
  • State-specific privacy laws: Virginia law imposes additional requirements, ensuring that only eligible parties can access records and that they must provide sufficient documentation of their authority.
  • Sensitive information: Certain types of sensitive information, such as mental health records or substance abuse treatment records, may require additional authorization or legal steps to access, even for representatives or next of kin.

Unauthorized access to medical records can result in legal penalties, so it’s essential to follow the proper procedures and ensure compliance with federal and state laws.

How Can Medical Records Be Used After a Person’s Death in Virginia?

Medical records can serve a variety of purposes after someone’s death, including:

  • Estate administration: Executors or administrators may need medical records to address unpaid medical bills, insurance claims, or disputes involving the estate.
  • Insurance claims: Insurance companies may require medical records to process life insurance claims, accidental death benefits, or health insurance disputes.
  • Legal proceedings: In cases involving wrongful death, medical malpractice, or disputes over the cause of death, medical records are often critical evidence.

When using medical records, it’s important to adhere to legal and ethical guidelines to ensure that the deceased person’s privacy is respected and that the information is used only for legitimate purposes.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in wrongful death cases. We are committed to holding negligent parties accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.