From time to time, we get calls from individuals who ask how to get medical records in Maryland following a loved one’s death in the hospital. Sometimes, the people on these calls have no intention to immediately hire a medical malpractice attorney. For them, the retrieval of the medical records is the first step in the process of trying to figure out “what went wrong.”
Please remember, since I will talk generally about estate issues, if you have more questions on this area of law, that you should speak with an estate attorney for more details. With that said, the information contained within should provide general information for anyone dealing with this issue.
GO ELECTRONIC IF YOU CAN…
Before answering the question in the title of this article, I want to remind you that since we are in an age of electronic technology, going this route can provide great advantages. Sometimes hospitals will charge fees for medical records. Either administrative fees or other types of fees can sometimes be seen in cases such as these. With that said, when you are requesting medical records in writing, be sure to request he records either on a disk or through a portal.
Requesting the records electronically can save you money, especially if the medical records are large. If a disk is not available, you can also inquire into whether the hospital has a portal to view the records. These portals often use passwords to allow for access and will have download options for thumb drives or other usb devices. Regardless, disk and portal use can possibly save you money in the long run.
HOW TO GET MEDICAL RECORDS IN MARYLAND AFTER A LOVED ONE HAS DIED
If the hospital will not allow you get the medical records immediately follow a death (sometimes they will if the request is made in writing fast enough, but this is not always the case), you can set us an estate to get the records. Setting up an estate will go through the Registers of Wills office where your loved one lived. Once the estate has been properly set up, the person(s) in charge of the estate will be granted Letters of Administration. With these letters, your loved one’s medical records can be released to the holder of the Letters of Administration.
As I stated above, if you have specific questions regarding your loved one’s estate, especially if it is a large and complex estate, you should speak with an estate attorney in Maryland. On the other hand, if the estate is “small” in nature, and not complex, then you might be able to open the estate on your own through the Register of Wills office. Speak with an attorney if you need help with the process.
DO YOU SUSPECT MALPRACTICE WITH YOUR LOVE ONE’S DEATH?
If you suspect that medical malpractice is the cause of your loved one’s death, hopefully now you have a better understanding regarding how to get medical records in Maryland following a death. To speak with me further regarding a possible medical malpractice/wrongful death claim, this is what I invite you to do.
Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
