My father’s medical records from his surgery were sealed by the hospital. We are his blood descendants and can’t get them opened. What recourse do we have?
Medical records start out sealed and you have to have a court order to unseal them without the patient's permission. This is because medical records are created under the doctor-patient privilege. The privilege encourages patients to be completely honest with their MDs and to seek medical care for embarrassing problems. Society thinks this is good. When someone dies, his or her executor has the power to waive the privilege, but does not have to do so. Unless you think you have a wrongful death suit or have reason to believe you inherited some medical condition that can only be confirmed by accessing dad's records, you won't get a judge to unseal them for you. Curiosity is insufficient.
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