Does the hospital have to give us these records?

**canoehead, BSN, RN** · Oct 23, 2010

Yes, but they can demand that you go through their channels to get them. So write a letter requesting the records, and expect a bill for photocopying. Send along authorization- and I'd call to ask what kind of wording they need on it. You won't be successful if you walk into health record verbally requesting they be released on the same day.

FLArn · Oct 23, 2010

I am not 100% sure of this, however I would think that only the next of kin or POA or maybe executor of her estate; someone that that for example would be able to get the records. I don't think just any family member would be able to get them. Of course, anyone can request them.

I am sorry for your loss:hug:and good luck in school!

TDCHIM · Oct 23, 2010

You'll have to present proof that you are in fact entitled to those records in order to obtain them (i.e., paperwork showing you are the executor/-trix of her estate). Contact the hospital's health information management or records department to be certain you're sending all the information required for the facility to release the records. As Canoehead noted, you'll probably have to pay appropriate fees for copying (if the facility doesn't give you the option of receiving the records in some sort of electronic format). If you can, try to narrow down the scope of your request (for instance, you might be interested in progress notes but not lab results) to limit the cost of your request.

You should also be aware that some facilities have a mandatory waiting period of 24 to 48 hours for records requests (not their turnaround time, an actual waiting period), so don't plan on walking into the facility and walking out with her records 30 minutes later or having them faxed or emailed to you on the same day. It doesn't sound like you're in a time crunch, so I doubt you'll pull the patented, "I need those 500 pages of records in an hour! What do you mean you can't do that?" maneuver so many people try.

I'm sorry to hear of your family's loss. Best wishes to you in your nursing school career.

Scarlette Wings · Oct 23, 2010

i am sorry that you have lost your grandmother. let it be a testimony to her as you experience this grief and pain to use it to reach out to others going through the same thing. having said that, yes, you do have to go to the medical records department and sign to obtain a copy of the records.

depending on the state you live in and local laws they may only release the information to immediate or legal family and not extended family.

i was able to read the records of my sons death and of his last few days of life after i became a nurse. i saw mistakes, i saw heroic interventions by the nurses, i saw a lot of things that helped me realize we are all human and can make mistakes and that nothing would have brought my son back. what i could do is use the grief i had over losing him make me a better and more vigilent nurse. i hope it has done that.

best wishes to you as you start your career.

tyvin, BSN, RN · Oct 23, 2010

In my state you will have to have had POA or legal guardian etc... in order to look at the medical records.

Remember; HIPPA protects even the deceased.

grannyrn65 · Oct 24, 2010

In most states, immediate next of kin can obtain copies of the deceased health care records, such as husband, wife, then child, then deceased brother or sister. As a granddaughter you most likely would not be entitled to the records. Sorry

diane227, LPN, RN · Oct 24, 2010

The person who is the legal next of kin can obtain her medical records but the medical records department may want proof that you are the next of kin. Once you request the records they will copy them for you and you will have to pay for those copies. You should be specific about what parts of the records you want.

BabyLady, BSN, RN · Oct 24, 2010

I apply to nursing school next month. My grandmother died a month ago yesterday and I have pretty much decided that I want to request a copy of her records for the 3 days she was in the hospital leading up to her death. This is not because I suspect any foul play at all. It's just that I'm grieving and I guess somehow I feel if I have that information that one day I will be able to read it and understand what exactly was happening to her in those last days and moments. Is this crazy? Does the hospital have to give us these records if we ask for them?

There is a limitation on who can request them.

It has to be someone that has valid access...in other words, if it was your grandmother, your parent could request them, but you could not.

The hospital will usually require a process to request them and charge a reasonable fee.

But hospital records are not disclosed to any family member that asks for them.