Dear Attorney,

I am seeking legal guidance regarding access to the medical records of my deceased sister, who passed away several years ago. These records pertain to treatment she received in 1993. Can I still request copies of these medical records? What legal steps or requirements must I fulfill to obtain them?

Sincerely,
A Concerned Family Member

Insights

Access to Medical Records of Deceased Persons in the Philippines

In the Philippines, obtaining medical records, especially those of deceased individuals, involves multiple legal considerations that touch on data privacy, medical ethics, and inheritance law. Understanding the various aspects is essential when trying to access these records. Here's an in-depth analysis of how the law governs access to medical records, including those of deceased individuals.

1. Data Privacy and Medical Confidentiality

Medical records are considered highly confidential, protected under the Data Privacy Act of 2012 (Republic Act No. 10173). While this law is primarily designed to protect the living, medical records of deceased persons also retain some degree of confidentiality. Healthcare providers and institutions are under an obligation to ensure that these records are not disclosed arbitrarily. Unauthorized disclosure of such information could expose healthcare institutions to legal liabilities.

While the Data Privacy Act does not explicitly govern deceased individuals, it is interpreted that the confidentiality of medical records extends posthumously to protect the deceased’s dignity and privacy.

2. Who Can Access the Medical Records?

Family members seeking medical records of a deceased relative must first establish a legal right to access the information. Under Philippine law, immediate family members such as spouses, children, parents, or legal heirs may request medical records. However, access is not automatic; legal proof of relationship or standing is often required.

It is common for hospitals and medical institutions to require the following documents:

Death certificate of the deceased.
Proof of relationship (e.g., birth certificate, marriage certificate).
Legal representation or authorization—a notarized document from the legal heir or executor of the estate granting permission to access the records.

3. Time Limitations on Medical Records Retention

One of the critical considerations when requesting old medical records, such as those from 1993, is the hospital or medical institution’s retention policy. The Department of Health (DOH) Administrative Order No. 2016-0002 outlines that medical records should be retained for at least 15 years from the date of the last entry. However, for deceased patients, the retention period could be extended based on hospital policies or other legal considerations.

Unfortunately, since the medical records in question pertain to events that occurred over three decades ago, there is a possibility that they may have been legally disposed of if no law or special reason warranted their retention.

4. Medical Records in Relation to Estate Proceedings

Medical records can be important in estate proceedings, particularly if they shed light on the deceased person’s health condition, capacity to execute legal documents such as wills, or eligibility for certain insurance claims. If the records are necessary for an ongoing legal matter related to inheritance or estate disputes, courts may order the release of these records as part of the discovery process. In this case, a formal court order would be required to compel the medical institution to release the information.

5. Exceptions to Medical Confidentiality

There are certain exceptions where medical records of deceased individuals can be accessed without violating confidentiality provisions:

Judicial orders or subpoenas: Courts may order the release of medical records when necessary for legal proceedings.
Public health purposes: Records may be disclosed if required by public health authorities for investigations or to comply with legal reporting requirements.

However, without these exceptions, strict confidentiality rules prevail.

6. Practical Steps to Request Medical Records

To request medical records of a deceased individual, particularly for those records that are several decades old, the following steps can be taken:

Contact the healthcare institution: Inquire about the hospital’s or clinic’s retention policy. Determine if the records from 1993 are still available.
Submit necessary documents: Provide the required documents such as proof of relationship, death certificate, and legal authorization.
Comply with hospital policies: Many hospitals have specific procedures and forms to fill out when requesting medical records.
Legal recourse: If the hospital denies the request or the records are critical for legal matters, it may be necessary to seek court intervention or legal representation.

7. Conclusion

While it is possible to request medical records of a deceased individual in the Philippines, especially by immediate family members, it is important to be aware of both the legal procedures and the practical challenges involved. Given the retention periods for medical records, there may be difficulties in retrieving older records, such as those from 1993. Consulting a lawyer to navigate the complexities and ensure compliance with all relevant legal requirements is highly advisable.