Accessing Medical Records in Nova Scotia After a Death

After the death of a loved one, accessing their medical records can be an essential step for a variety of reasons, including settling legal matters, understanding the cause of death, or reviewing their medical history for familial health concerns. In Nova Scotia, the process of obtaining medical records after a death is governed by specific laws and regulations designed to protect privacy while allowing access to authorized individuals.

This guide outlines the steps, legal considerations, and resources for accessing medical records in Nova Scotia after a death.

Why Access Medical Records After a Death?

Legal and Estate Matters:

• Medical records may be required for settling life insurance claims or disputes.
• Records can provide information for legal proceedings related to the death.

Health Insights for Family Members:

• Understanding genetic or hereditary health conditions.
• Reviewing medical history for preventive care planning.

Clarification of Medical Events:

• Gaining a better understanding of the circumstances surrounding a loved one’s death.

Who Can Access Medical Records After a Death?

Under Nova Scotia’s Personal Health Information Act (PHIA), access to medical records after a person’s death is restricted to specific individuals. These include:

Executor or Administrator of the Estate:

• The person named in the will or appointed by the court to manage the deceased’s estate has the authority to request medical records.

Next of Kin:

• If no executor is named, the closest living relative may be able to access records, but additional legal steps may be required.

Legal Representatives:

• A lawyer or other representative acting on behalf of the executor or next of kin may request records with proper documentation.

Steps to Access Medical Records

1. Determine Your Authority

• Verify your role as the executor, administrator, or legal representative.
• Gather documentation, such as:
• The deceased’s will naming you as executor.
• A court-issued document granting you administrative authority.

2. Identify the Custodian of Records

Medical records may be held by:

Nova Scotia Health Authority (NSHA):

• Most hospital and clinic records are managed by NSHA.
• Visit NSHA Access and Privacy Services for guidance.

Physician’s Office:

• For records from family doctors or specialists.

Long-Term Care Facilities:

• For residents of nursing homes or assisted living facilities.

Private Clinics:

• For treatment received outside the public healthcare system.

3. Submit a Request

Contact the Record Holder:

• Reach out to the appropriate institution or clinic to inquire about their process for releasing records.

Complete the Required Forms:

• You may need to fill out a request form, which typically asks for:
• Proof of identity.
• Documentation of your authority.
• Specific details about the records you’re requesting.

Pay Any Applicable Fees:

• Some institutions may charge fees for retrieving and copying records.

4. Await Processing

• Processing times vary depending on the institution and the complexity of the request.
• Follow up if you do not receive a response within the expected timeframe.

Legal and Privacy Considerations

1. Privacy Protections

• The deceased’s medical records are still protected under the Personal Health Information Act (PHIA).
• Custodians of records must ensure that information is only disclosed to authorized individuals.

2. Sensitive Information

• Records may contain sensitive details about the deceased’s medical history. Be prepared for the emotional impact of reviewing such information.

3. Disputes Over Access

• If multiple family members seek access or disputes arise, legal intervention may be required to resolve the matter.
• Consult a lawyer for assistance in navigating disputes or legal barriers.

Resources for Assistance

Nova Scotia Health Authority (NSHA) Access and Privacy Services

• Provides guidance on accessing medical records.
• Website: NSHA Privacy

Office of the Information and Privacy Commissioner (OIPC)

• Oversees compliance with PHIA and handles complaints about access requests.
• Website: OIPC Nova Scotia

Legal Aid Nova Scotia

• Offers support for navigating legal issues related to estate matters.
• Website: Nova Scotia Legal Aid

211 Nova Scotia

• Provides information and referrals for community resources, including legal and estate services.
• Website: 211 Nova Scotia

Tips for a Smooth Process

Be Organized:

• Gather all necessary documents before submitting a request.
• Keep copies of correspondence and submitted forms.

Communicate Clearly: Specify which records you need and the purpose of your request to avoid unnecessary delays.

Seek Legal Advice: Consult an estate lawyer if you encounter difficulties accessing records or navigating disputes.

Be Patient: The process can take time due to administrative and privacy considerations.

Accessing medical records after a death in Nova Scotia is a process governed by legal and privacy regulations to protect the deceased’s personal information. By understanding your role, following the correct procedures, and leveraging available resources, you can obtain the necessary records to address legal, health, or personal needs while honoring your loved one’s legacy.