Access to medical records of deceased brother?

Question

My wifes brother passed away in 1995. He was in a coma for over a year before he passed. It is suspected that the coma stemmed from a drug overdose. His daughter who is now fully grown has begun to ask questions. He was not married to her mother and she has taken a few wrong turns herself. She is unwilling or unable to answer her questions. Is it possible to access the hospital records to determine the cause of the coma?

Answer 1

If the hospital or facility he died at still has the records then yes you should be able to access them. But the place he died at may only allow the next of kin to have access to the records which would be his daughter. She may have to show a certified death certificate in order to get the records.

Answer 2

Probably not, and especially, probably not easily under the HIPA (sp) laws protecting patient privacy. Start by contacting the hospital and simply asking what would have to be done for an inspection of the records. I suspect that the answer is going to be: "get a lawyer, get a court order, get a medically trained person acceptable to us and the court" The request is going to be slightly more acceptable from the sister of the deceased and if involved, more from the daughter (if acknowledged on her birth certificate or in court documents), but it is likely to be a real mess.