Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

How can I obtain medical records from my deceased spouse as

the records are directly related...
How can I obtain medical records from my deceased spouse as the records are directly related to the treatment for a condition I may have. I hear my doctor can request these records from my spouses Doctor.
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
7/9/2012
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
Welcome and thank you for your question!

Please clarify: in what state are the records located?
Ask Your Own Legal Question
Customer reply replied 5 years ago
West Palm Beach, Florida
Were you listed as your spouse's personal representative in their will?
Ask Your Own Legal Question
Customer reply replied 5 years ago
No there was no will
Thank you. Since you are the next of kin of the decedent, you can request the records under state law. Be sure to attach a copy of the death certificate with your written request.

395.3025 Patient and personnel records; copies; examination.—
(1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to any person admitted therein for care and treatment or treated thereat, or to any such person’s guardian, curator, or personal representative, or in the absence of one of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing, a true and correct copy of all patient records, including X rays, and insurance information concerning such person, which records are in the possession of the licensed facility, provided the person requesting such records agrees to pay a charge. The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for nonpaper records that are subject to a charge not to exceed $2, may not exceed $1 per page. A fee of up to $1 may be charged for each year of records requested. These charges shall apply to all records furnished, whether directly from the facility or from a copy service providing these services on behalf of the facility. However, a patient whose records are copied or searched for the purpose of continuing to receive medical care is not required to pay a charge for copying or for the search. The licensed facility shall further allow any such person to examine the original records in its possession, or microforms or other suitable reproductions of the records, upon such reasonable terms as shall be imposed to assure that the records will not be damaged, destroyed, or altered.
(2) This section does not apply to records maintained at any licensed facility the primary function of which is to provide psychiatric care to its patients, or to records of treatment for any mental or emotional condition at any other licensed facility which are governed by the provisions of s.(NNN) NNN-NNNN
(3) This section does not apply to records of substance abuse impaired persons, which are governed by s. 397.501.
(4) Patient records are confidential and must not be disclosed without the consent of the patient or his or her legal representative, but appropriate disclosure may be made without such consent to:
(a) Licensed facility personnel, attending physicians, or other health care practitioners and providers currently involved in the care or treatment of the patient for use only in connection with the treatment of the patient.
(b) Licensed facility personnel only for administrative purposes or risk management and quality assurance functions.
(c) The agency, for purposes of health care cost containment.
(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.
(e) The agency upon subpoena issued pursuant to s. 456.071, but the records obtained thereby must be used solely for the purpose of the agency and the appropriate professional board in its investigation, prosecution, and appeal of disciplinary proceedings. If the agency requests copies of the records, the facility shall charge no more than its actual copying costs, including reasonable staff time. The records must be sealed and must not be available to the public pursuant to s. 119.07(1) or any other statute providing access to records, nor may they be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the agency or the appropriate regulatory board. However, the agency must make available, upon written request by a practitioner against whom probable cause has been found, any such records that form the basis of the determination of probable cause.
(f) The Department of Health or its agent, for the purpose of establishing and maintaining a trauma registry and for the purpose of ensuring that hospitals and trauma centers are in compliance with the standards and rules established under ss. 395.401,(NNN) NNN-NNNN(NNN) NNN-NNNN 395.404,(NNN) NNN-NNNN and 395.405, and for the purpose of monitoring patient outcome at hospitals and trauma centers that provide trauma care services.
(g) The Department of Children and Family Services or its agent, for the purpose of investigations of cases of abuse, neglect, or exploitation of children or vulnerable adults.
(h) A local trauma agency or a regional trauma agency that performs quality assurance activities, a panel or committee assembled to assist a local trauma agency, or a regional trauma agency performing quality assurance activities. Patient records obtained under this paragraph are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(i) Organ procurement organizations, tissue banks, and eye banks required to conduct death records reviews pursuant to s.(NNN) NNN-NNNN
(j) The Medicaid Fraud Control Unit in the Department of Legal Affairs pursuant to s. 409.920.
(k) The Department of Financial Services, or an agent, employee, or independent contractor of the department who is auditing for unclaimed property pursuant to chapter 717.
(l) A regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s.(NNN) NNN-NNNNand the professional organization that certifies poison control centers in accordance with federal law.
(5) The Department of Health may examine patient records of a licensed facility, whether held by the facility or the Agency for Health Care Administration, for the purpose of epidemiological investigations. The unauthorized release of information by agents of the department which would identify an individual patient is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Patient records shall contain information required for completion of birth, death, and fetal death certificates.
(7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient’s representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient. A general authorization for the release of medical information is not sufficient for this purpose. The content of such patient treatment record is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.
(8) Patient records at hospitals and ambulatory surgical centers are exempt from disclosure under s. 119.07(1), except as provided by subsections (1)-(5).
(9) A licensed facility may prescribe the content and custody of limited-access records which the facility may maintain on its employees. Such records shall be limited to information regarding evaluations of employee performance, including records forming the basis for evaluation and subsequent actions, and shall be open to inspection only by the employee and by officials of the facility who are responsible for the supervision of the employee. The custodian of limited-access employee records shall release information from such records to other employers or only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. Any facility releasing such records pursuant to this part shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records. Such limited-access employee records are exempt from the provisions of s. 119.07(1) for a period of 5 years from the date such records are designated limited-access records.
(10) The home addresses, telephone numbers, and photographs of employees of any licensed facility who provide direct patient care or security services; the home addresses, telephone numbers, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties, notwithstanding the provisions of this subsection. The Department of Financial Services, or an agent, employee, or independent contractor of the department who is auditing for unclaimed property pursuant to chapter 717, shall be granted access to the name, address, and social security number of any employee owed unclaimed property.
(11) The home addresses, telephone numbers, and photographs of employees of any licensed facility who have a reasonable belief, based upon specific circumstances that have been reported in accordance with the procedure adopted by the facility, that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee’s family; the home addresses, telephone numbers, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties, notwithstanding the provisions of this subsection. The licensed facility shall maintain the confidentiality of the personal information only if the employee submits a written request for confidentiality to the licensed facility.


It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Ask Your Own Legal Question
Customer reply replied 5 years ago

Thank You J.B.


 


In short when I visit my Doctor this week I can request him to contact my spouses Doctor and request the medical records needed to properly diagnose and/or treat a medical condition that I might have or I can send the attached document, written request for records and death ceritficate and obtain the medical records directly.

Your doctor cannot make the request. You have to make the request of your spouse's doctor.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Ask Your Own Legal Question
Customer reply replied 5 years ago


J.B. I am hoping to get these records quickly for a proper diagnoses and treatment. This was on EHOW as an option to obtain medical records is this false?


 


6.See a doctor. A doctor who is treating a relative of a deceased person, where the medical records of the deceased are related to the treatment of the relative, can request the medical records without a prior authorization. Like the personal representative, a doctor has this right under the HIPAA Privacy Rule.




Thank you for the follow-up. It's important to recognize that the eHow answer does not take into account the specific requirements of Florida law. HIPAA is a federal law but Florida has its own requirements.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Ask Your Own Legal Question
Customer reply replied 5 years ago
Thank You for your help, can I hand deliver the request to the Doctors office to expidite things?
Yes you can. Absolutely!

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
JB Umphrey and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Explains legal matters based on 14+ years experience.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
For lawyer 2: After I hopefully win small claims court for
For lawyer 2:After I hopefully win small claims court for 10,000 to get the repairs done I wish to Sue the realtor for lies that he told me and I kept the emails and the text of the lies. Things like … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
I ask a question about my husband that passed away this past
I ask a question about my husband that passed away this past June. I have an answer from someone so I typed in what I was told to do and this is where I was sent. I don't see an answer. Please can you… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
My 84 year old mother watched the resuscitation of my 84
My 84 year old mother watched the resuscitation of my 84 year old father after angioplasty surgery where he had signed a DNR directive. They did the surgery without the proper equipment and encountere… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My car broke down in between pay days and I parked it in
My car broke down in between pay days and I parked it in what i thought was a safe location in Englewood that held no parking prohibited signs. I went back to tow it on my payday two days later and it… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I sent the car to honda repair, they always tell me the car
I sent the car to honda repair, they always tell me the car repaired. This is the third rework, from the first time to now a total of less than 2 months. This fix only 5 hours, the car can not drive a… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I️ I have been working for an oral and surgeon for 10 years
I️ I have been working for an oral and facial surgeon for 10 years my job duties as implant coordinator is to assist on all surgeries contact implant patients and the referring general dentist. It als… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
Law Educator Esq (ONLY) This is on Answer and Special
Law Educator Esq (ONLY) Good day, (This is on Answer and Special defense)This is how I am starting it,DEFENDANT'S ANSWER & SPECIAL DEFENSES The Defendant, my name, as Pro se, hereby responds to the Pl… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My sister died just now. I ga e her so.e of my meds to help
My sister died just now. I ga e her so.e of my meds to help her, I thpught. She a d I are ib a hotel. Relo to Floida. Been horrible. My car got totalled a d mt sis who just die had a torn esophagus , … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I had an attorney on my original Work Comp case. Now I was
I had an attorney on my original Work Comp case. Now I was moving on to the second injury fund and was representing myself in this case. I had a mediation hearing set for this Thursday 18th for the he… read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
I've lived here at my Home for 10 years and I recently had
Hello, I've lived here at my Home for 10 years and I recently had asked the management property manager if I can put new carpet in since they wouldn't and the lady said sure go ahead so I did have it … read more
Lori
Lori
Juris Doctor
256 satisfied customers
I have a question about a company I ahve been dealing with
I have a question about a company I ahve been dealing with for the past 3 months … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have been discriminated against at my place of employment,
I have been discriminated against at my place of employment, I reported it to the corporate office. Since then I have been retaliated against, what can I do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I had my will prepared 09/16/2013. Texas, On October of 2014
Texas, On October of 2014 I had a mini stroke and had extensive medial bills. on 11/2015 I took out a reverse mortgage to pay all of my medical bills. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I need to speak to a business law attorney. CA
I need to speak to a business law attorney JA: What state are you in? It matters because laws vary by location. Customer: CA JA: Has anything been filed or reported? Customer: no JA: Anything else you… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How can i investigate or find life insurance available for
Second opinion] How can i investigate or find life insurance available for my deceased husband, without a company name or policy number. Does such of an investigative service exist?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I have a family matter of custody. I have a hearing tomorrow
I have a family matter of custody. I have a hearing tomorrow and would like to find out how can I get my child's teacher who she been confiding in to speak at court. The court is in Seneca County NY. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
My son did not pay for the registration on his motorcycle
My son did not pay for the registration on his motorcycle for two years. Can the DMV legally take money from his checking account without his permission? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I just signed up to start getting Social Security benefits
I just signed up to start getting Social Security benefits starting next month when I turn 66. I heard that my medicare papyments will be taken out of my SS payment. Is that correct? I just received a… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x