In California, the beneficiary or personal representative of a deceased person has the full right to access the deceased person’s medical records under Health & Safety Code 123110, 123105(e). To get the records, you must be able to show your legal authority to access them by providing the hospital with the proper documentation, which includes a death certificate, testamentary, and proof of identity.
If you’re having trouble accessing the medical records of a deceased loved one, please do not hesitate to contact the attorneys at Maison Law. We can help you manage all aspects of your case, as well as subpoena medical records on your behalf. Contact us today for a no-cost, no-obligation consultation.
Do I Need a Lawyer to Get Medical Records for a Deceased Family Member?
It is not required to have a lawyer to obtain medical records for a deceased family member. However, our lawyers can utilize the legal system to collect all information related to your loved one’s death, especially if their life was taken due to the careless actions of another.
To retrieve the medical records of a deceased family member yourself, you will need to submit a written request to the hospital or healthcare provider’s medical records department. By law, medical facilities are required to respond within 15 days of receiving your letter. Most hospitals and medical care facilities have a request form on their website to make things easier for families who have lost a loved one.
Who Can Legally Obtain Medical Records on Behalf of a Deceased Family Member?
Once someone is legally declared an executor of a deceased person’s estate, then it is their right to obtain the decedent’s medical records upon request. This is covered under the Health Insurance Portability and Accountability Act of 1996, also known as HIPAA. If there is no executor of the estate declared, the state of California gives priority to the following family members:
- Surviving spouse or domestic partner of the deceased
- Child of the deceased
- Grandchild of the deceased
- Parents of the deceased
- Siblings of the deceased
What to Do If You Cannot Get Medical Records
If you are the Executor of an estate or a family member of a deceased relative and are having trouble accessing medical records, then it is recommended to contact a Wrongful Death Attorney at Maison Law. It is not uncommon for people to run into challenges when dealing with hospital medical record departments.
If you’re having this issue, then we can gather evidence to establish your right to medical records and file a complaint on your behalf with the Office for Civil Rights. We can also help you file a lawsuit against the party responsible if you lost a loved one due to the careless actions of a person, business, or government entity.
What is a Wrongful Death Lawsuit in California?
According to the California Code of Civil Procedures 377.60, surviving family members or the estate may sue for damages when a person dies as the result of someone else’s wrongful act. Family members can file a wrongful death lawsuit in California regardless if the act of causation was careless, reckless, or intentional, however, the nature of the fatal action will impact many aspects of the case such as financial compensation, punishment, and liability.
What Damages are Included in a Wrongful Death Settlement?
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
How Much Time Do I Have to File a Wrongful Death Lawsuit in California?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years, to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective brakes on a truck caused a cyclist to veer off the road and crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
Contact a California Wrongful Death Lawyer
If you’ve lost a loved one due to the careless acts of another, a vehicle accident, or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help California families get through this difficult time. Whether it’s retrieving medical records to build your case or filing a lawsuit against multiple parties, we can help.
To start the legal process, contact Maison Law today, and our legal team will explain all your options and how we can help get your life back on track.
