{"id":2337,"date":"2022-04-15T19:36:59","date_gmt":"2022-04-15T19:36:59","guid":{"rendered":"https:\/\/medlegal.ca\/?p=2337"},"modified":"2024-08-08T20:19:40","modified_gmt":"2024-08-08T20:19:40","slug":"accessing-deceased-patient-medical-records","status":"publish","type":"post","link":"https:\/\/medlegal.ca\/en\/accessing-deceased-patient-medical-records\/","title":{"rendered":"How to Access a Deceased Person\u2019s Medical Records"},"content":{"rendered":"\n

It is common knowledge that a patient\u2019s medical information is kept confidential under Quebec\u2019s laws on professional secrecy. These rights ensure that only the patient, their physician or another authorized medical professional can access the patient\u2019s medical records.<\/p>\n\n\n\n

But what happens when the patient dies? Does their family have an automatic right to access their medical file? And how do they access it?<\/p>\n\n\n\n

In this article, we will explain who has access to a deceased patient\u2019s medical records and how to go about securing this access.<\/p>\n\n\n\n

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Who can access a deceased person\u2019s medical records?<\/h2>\n\n\n\n

The right to professional secrecy heavily protects the contents of medical records of deceased patients 14 years or older. The provisions that govern this access are stipulated primarily in the Act respecting health services and social services<\/em>, the Act respecting the protection of professional information in the private sector<\/em> and the Code of ethics of physicians<\/em>.<\/p>\n\n\n\n

However, a third party may have the right to access the medical records if their request conforms to the Act\u2019s requirements. The deceased patient\u2019s heirs and family members may be entitled to access the records under certain conditions. It is always advisable to enlist a law firm with health law lawyers<\/a> to help you compile and verify all of the information needed to apply for this access.<\/p>\n\n\n\n

Below, we explain what criteria you need to meet when requesting access to medical records.<\/p>\n\n\n\n

Proving you are an heir or legatee by particular title<\/h3>\n\n\n\n

An individual\u2019s right to privacy is protected even after death. Anyone claiming to be an heir or a \u201clegatee by particular title\u201d must therefore adequately substantiate this claim.<\/p>\n\n\n\n

To determine whether someone is an heir, you must contact the Chambre des notaires du Qu\u00e9bec<\/a> and the Barreau du Qu\u00e9bec<\/a> to verify if there is a will. If there isn\u2019t a will, the heirs are determined according to the conditions of the Civil Code of Quebec. If the applicant is unable to provide proof of heirship, the application will be denied.<\/p>\n\n\n\n

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Asserting a valid right to access a deceased person\u2019s medical records<\/h3>\n\n\n\n

To request a copy of a deceased person\u2019s medical records, it is not enough to simply establish yourself as an heir. You must also have a valid and legally recognized reason to access their records.<\/p>\n\n\n\n

There are certain very specific rights under which you may access information in the deceased\u2019s medical records, including:<\/p>\n\n\n\n