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Indiana Medical Malpractice & Wrongful Death – Rights to My Loved One’s Patient Medical Records

Posted by: Jason Reese
May 18, 2010
Topic: Personal Injury

Following the untimely or suspicious death of a loved one, family members often wonder, "Do I have a right to collect my loved one's patient medical records?" This question usually arises when a family member shows up at a medical facility to collect medical records and encounters a problem. Maybe a staff member says they need to speak with their supervisor or they have to speak to the medical facility's legal counsel. But they refuse to give you a copy!

Here's the truth about Indiana law: You have a right to your loved one's medical records if you are the personal representative of their estate. If there is not a personal representative, then the person's spouse is the next in line with the right to receive the records. Finally, if the spouse is no longer living or there was not a spouse, the deceased person's child or parent or guardian then have the right to request the records. Indiana Statute 16-39-1-3 is the law you can show the health care provider.


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