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My father passed away and I want to get a copy of medical records so that I may provide this information to my primary health care, my brother and uncle's DR. The DR is not giving the records and the best response I've received from them is that they need a health proxy form filled out.

Submitted: 275 days and 13 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

Yonkers, New York

Already Tried:
Asked to speak with the Doctor multiple times but the receptionist makes it impossible to do so.

Posted by Law Pro 275 days and 13 hours ago.

Info Request

They would be in violation of the HIPPA laws if they gave out medical information to someone without authority. Has an estate been opened for you father?

275 days and 13 hours ago.

Reply

Not yet, waiting on his wife.

275 days and 13 hours ago.

Reply

Is that my first step in order to obtain my father's medical records?

Answer

His wife would only have to show his death certificate and personal identification to obtain copies of the medical records. However, if they want more, she may have to wait until probate is initiated when she is named the executrix and formally demand the medical records.

Accepts:
Expert:	Law Pro
Pos. Feedback:	99.0 %
Answered:	2/20/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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Have your own Legal question?

Question

My father passed away and I want to get a copy of medical records so that I may provide this information to my primary health care, my brother and uncle's DR. The DR is not giving the records and the best response I've received from them is that they need a health proxy form filled out.

Optional Information

Yonkers, New York Already Tried: Asked to speak with the Doctor multiple times but the receptionist makes it impossible to do so.

Info Request

They would be in violation of the HIPPA laws if they gave out medical information to someone without authority. Has an estate been opened for you father?

Reply

Not yet, waiting on his wife.

Reply

Is that my first step in order to obtain my father's medical records?

Answer

His wife would only have to show his death certificate and personal identification to obtain copies of the medical records. However, if they want more, she may have to wait until probate is initiated when she is named the executrix and formally demand the medical records.

Related Legal Questions

Yonkers, New York

Already Tried:
Asked to speak with the Doctor multiple times but the receptionist makes it impossible to do so.