Skip to content

Kampf, Schiavone & Associates

909-885-1522
  • About
    • W Roger Kampf
    • Randall S. Schiavone
    • Kathleen L. Butler
    • Sandra Klimaszewski
    • Domenic A. Wager J.D.
    • Diana Martinez
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Personal Injury
    • Social Security Disability
    • Medical Malpractice
Menu
  • About
    • W Roger Kampf
    • Randall S. Schiavone
    • Kathleen L. Butler
    • Sandra Klimaszewski
    • Domenic A. Wager J.D.
    • Diana Martinez
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Personal Injury
    • Social Security Disability
    • Medical Malpractice
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
  • Español
Menu
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
  • Español
909-885-1522
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
Menu
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
cropped-Main-logo.jpg
909-885-1522
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations
Menu
  • About
  • Verdicts & Settlements
  • Practice Areas
    • Workers’ Compensation
    • Medical Malpractice
    • San Bernardino Personal Injury Lawyer
    • Social Security Disability
  • Testimonials
  • Articles
  • Blog
  • Contact
    • Locations

Physician-patient privilege and medical malpractice

Call
Text
Email

Physician-patient privilege and medical malpractice

When a patient treated by an attending physician unexpectedly dies, the deceased person’s loved ones usually have many questions. How did this happen? What caused my loved one’s unexpected death? People in this position may even scour medical records looking for answers. This is where some people investigating an unexpected death run into a road block, so to speak.

Every state, including California, has laws concerning privacy and medical records. Basically, the laws surrounding physician-patient privilege state that a patient’s medical records cannot be shared or made public without that patient’s consent. With wrongful death cases, this is where it can get complicated. If a person dies unexpectedly due to medical malpractice, it is unlikely that they would have consented to releasing their medical records prior to their death. This is due to the fact that they weren’t expecting that anyone else would need to view the records.

However, this does not leave all next-of-kin to a wrongful death victim without options. Sometimes next-of-kin are granted a waiver that allow them access to the deceased person’s medical records. The loved one may also petition for those records by seeking a waiver of the privilege. If granted, this gives access to the medical records that those seeking a wrongful death suit will ultimately need. Naturally, some people find that physicians or medical centers are otherwise reluctant to hand over medical records.

Only when tragedy strikes does it become important to think about seeking a waiver to obtain the privilege to view medical records. There are ways for a patient to waive the right to privacy in medical records at anytime during their treatment. A patient can even appoint a specific person to manage these records, much in the way a person is appointed as an executor of a will. Remember, there are options available to those seeking medical records of those who have unexpectedly lost their life.

Source: findlaw.com, “Wrongful death cases: Physician-patient privilege,” Accessed Feb. 6, 2015

Facebook
Twitter
LinkedIn

Practice Areas

We Can
Help

Workers
Compensation

Medical
Malpractice

Personal
Injury

Social Security
Disability

$6.1 Million

Product Liability
John D. – Defective Throttle
Learn More

$3.1 Million

Workers' Compensation
Diana C. – Fell on the Job
Learn More

$2.5 Million

Machine Liability
Kim D. – Amputated Fingertips
Learn More

$1.9 Million

Miscellaneous Liability
Don W. – Run Over By Scraper Tractor
Learn More

$1.6 Million

Miscellaneous Liability
Fred R. – Pool Drowning
LEARN MORE

$1.4 Million

Workers' Compensation
James I. – Fall from Height
Get Started

$1.3 Million

Personal Injury
Roger R. – Auto vs. Pedestrian
Get Started

$1.2 Million

Medical Malpractice
J.V. – Failure to Diagnose
Get Started
see all results

Talk to an
Attorney
for FREE

How Can We Help?

By submission, I accept and agreed to KSA’s Disclaimer and Privacy Policy as noted below.
This field is for validation purposes and should be left unchanged.

Kampf, Schiavone & Associates

290 N. D Street, #901
San Bernardino, CA 92401

Office Hours : 8am – 5pm (Monday to Friday)

San bernardino office map
Toll Free:

909-885-1522

Fax:

909-384-0673

Connect with us
Instagram

© 2022 by Kampf, Schiavone & Associates. All rights reserved.

Digital Marketing By:

Disclaimer

Site Map

Privacy Policy