{"id":353549,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/wrongful-death-cases-physician-patient-privilege.html"},"modified":"2025-08-12T16:10:46","modified_gmt":"2025-08-12T21:10:46","slug":"wrongful-death-cases-physician-patient-privilege","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/wrongful-death-cases-physician-patient-privilege.html","title":{"rendered":"Physician-Patient Privilege in Wrongful Death Cases"},"content":{"rendered":"\n
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Physician-Patient Privilege in Wrongful Death Cases<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Physician-patient privilege protects the privacy of a patient’s medical records. It often becomes an issue after a patient’s\u00a0wrongful death, or passing away due to another’s carelessness.<\/p>\n\n <\/div>\n\n\n\n

There is continuing controversy and debate over the privacy of a deceased patient’s medical records. While some believe that a patient’s privacy should extend after death, others disagree. They argue that extending the privilege can be dangerous. It may hinder the ability of physicians (or others) to defend themselves in a wrongful death lawsuit.<\/p>\n

If you have lost a loved one as a result of a wrongful death<\/a>, you may want to get their medical records. The health information may be helpful in proving your wrongful death case. Since medical records are protected by law, you may need to overcome physician-patient privilege.<\/p>\n

This article explains how this privilege works and how you can overcome it, including:<\/p>\n