May the medical records of a deceased patient be furnished to the surviving spouse?
Not automatically. Under Florida statutes, medical records may only be furnished to the patient of the patient’s “legal personal representative.” In the case of a deceased patient, it is required that the person seeking the record be appointed as the “Personal Representative of the Estate” of the patient. Alternatively, a party seeking production of the decedent’s medical records may file a “Pure Bill of Discovery” to obtain a Court Order to produce the records. A standard authorization for release of medical records is sufficient, providing that the requesting party executes the authorization “As Personal Representative of the Estate of (patient name), Deceased.
