Does a husband have a legal right to his wife’s full medical file from the facility conducting her autopsy? 1 Answers as of May 21, 2014The concerns I had surrounding my wife’s death form the hospital that took her on as a patient, prompted me to pay for a private autopsy from a facility four hours away from the hospital. Once I received the autopsy report, I had to fight with the autopsy facility to give me the photos and conformation of tissue samples for almost 14 months after my wife’s death. I have now decided to request the entire medical file of my wife containing ALL photos, video content, data, medical notes, tests results, lab results, x-rays and the names of any additional party involvement as well as, ALL acknowledgement of any verbal communication and or information, photos, video content, data, medical notes, tests results, lab results, x-rays that were provided to your office by any additional healthcare provider/providers and the names of any additional party involvement by any other healthcare provider/providers. The risk management of the autopsy facility has denied my request for a copy of my wife’s complete medical file and has stated that they will no longer speak to me but rather an attorney that they presume I have, which I don’t. As a healthcare provider, is this autopsy facility legally required to uphold HIPPA laws concerning a husband’s demand for his wife’s medical file? Thank you.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
I don't know that husbands are entitled to anything. if you are her executor or administrator with court authority you would be in better position to make demands. Why don't you go down to the courthouse and qualify as her administrator for the sake of filing a malpractice claim. Not clear to me who you are fighting with, the hospital or the autopsy facility. If you are just trying to entertain yourself with this play by play and are naturally curious about it all that is one thing. If you have a valid claim that is another and you will need a lawyer to help you.almost all systems are designed to keep the average person in the dark. Look at your national government, the IRS, etc etc etc.
Answer Applies to: North Carolina