In my 34 years as a medical malpractice lawyer, I have seen many situations where access to medical records have been denied when a doctor’s negligence is suspected.
If you suspect a doctor’s medical negligence resulted in your loved one’s injury or death and the hospital will not release their medical records, here are several reasons why:
- You are not next of kin
- Power of Attorney ceased when your loved one passed away
- You are not the Administrator or Executor of the estate
In some unfortunate cases, a hospital may simply refuse to provide the necessary documents if there is suspicion of foul play by a medical professional.
If you are unable to acquire your loved one’s medical documents, the following steps may be necessary to pursue a medical malpractice claim:
- When a person dies, any power of attorney that a family member may have, expires.
- An individual needs to be appointed Administrator or Executor of the Estate in order to obtain the authority to get the medical records after that point.
- An individual will need a Probate attorney to help them file the appropriate paperwork. *I do not recommend handling this part on your own.*
- Once an individual has been appointed, they would need to provide their Appointment Papers along with a release for the particular institution or physician to obtain the records.
If you suspect you or a loved one was a victim of medical malpractice by a doctor and cannot request medical records, follow the above steps and contact an attorney for further assistance on obtaining medical records.
In the state of Ohio, citizens have the right to access their health care records!
No person should suffer for a medical professional’s mistake and live with the detrimental consequences of another’s error. Call me immediately if you feel that you have received substandard care that resulted in serious injury or even death.
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (800) 556-4769.