Wrongful Death Legal issues on Physician-Patient Privilege

States generally implement Physician-Patient privilege on wrongful death cases to maintain confidentiality about the patient's medical records. The physician can only disclose it, if he/she has a written consent from the patient. This medical privacy poses some concerns in litigating a wrongful death case, involving medical malpractice. 

When the patient dies, the surviving family member can have a hard time retrieving the medical records from the attending physician. 

However, some states implement exception to the physician-patient privilege rule. These states allow the surviving family members and the decedent's lawyer to obtain the medical records. 

These medical records are crucial in serving as an evidence for a potential medical malpractice wrongful death charge. 

Because of the value of such medical information in proving the negligent act of the physician, some states implement these rules:

1. The medical records can only be disclosed to a doctor or hospital representative. The decedent's lawyer cannot access such files. Legal issues arise on disclosing such medical information when the lawsuit has been filed in court. 
2. In some states, surviving family members and the lawyer can retrieve the medical records when the decedent has given a written consent for such disclosure. The permission must have been given during a personal injury litigation, or before the actual death. 

When the surviving family members (distributees) and the lawyer have a written consent to medical information, such right can be carried on to the wrongful death suit. 

For example: The head of the family suffered serious injuries in a car accident. He/she gave a written permission to the lawyer to retrieve medical records as evidence for the personal injury case. If the head of the family dies, the lawyer can use such permission to retrieve additional medical information as evidence for the wrongful death case.

The distributees can assert damages for the death of a loved one. Such damages are often referred to as pecuniary loss. It includes loss of consortium, loss prospect of future inheritance, infliction of emotional distress, and medical and funeral expenses.

The plaintiff will have to prove that the physician made a negligent act, causing the death of the person. The medical records can be used to prove such allegation. The plaintiff can also hire expert witnesses to substantiate the case. 

The plaintiff has a maximum of three years to file the medical malpractice wrongful death lawsuit. If the plaintiff has found the evidence after the time limit, the “discovery rule” can be used to assert exception. Discovery rule states that the statute of limitation time starts only upon the detection of evidence. 

Consult with a Wrongful death attorney in Los Angeles to help you file the lawsuit. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.