When a family member’s loved one dies in the hospital, or while in the care of a medical doctor, sometimes there can be a lot of questions surrounding the death, but requesting medical records after death can go a long ways in helping with a Maryland wrongful death case.
To some, contacting an attorney down the line is a good way to find the answers to many questions.
WHY ARE THE MEDICAL RECORDS SO IMPORTANT?
If you have had the opportunity to read any of our other educational material, or watch our videos, you know that at some point in this process you will need the medical records of your loved one.
This is because another medical expert will have to take the time to review these records to get a better understanding of what happened regarding your loved one’s care so that an educated opinion can be made about the standard of care.
BUT IF MY LOVED ONE IS NOT HERE HOW DO WE GET THE RECORDS?
The person who has the authority to act on behalf of your loved one’s estate will be able to make a request for the medical records.
If the loved one had a will, the will will explain who is to take charge and handle the affairs of the estate.
If there is no will, then a personal representative will be appointed to act on behalf of the estate.
A family will need to visit the circuit court in their county and go to the estate department to set up an estate.
In many places this will be the Register of Wills office, but check with your circuit court to be sure.
LETTERS OF ADMINISTRATION…
Once the estate is properly set up, the person taking care of the estate will be given Letters of Administration.
These letters will allow this person to make a request in writing to the hospital or doctor’s office for the release of the deceased’s medical records.
IF MEDICAL MALPRACTICE IS SUSPECTED…
When family members suspect medical malpractice it may be a good idea to speak with a medical malpractice lawyer.
To speak with us about your loved one’s situation we invite you to give us a call.
We can be reached at 301-850-4832.
We answer Maryland medical malpractice questions like yours all the time and we would be glad to listen to your story.