Who has the highest priority for medical record disclosure after a patient's death?

Who has the highest priority for medical record disclosure after a patient's death?

• A. Adult child
• B. Spouse at the time of death
• C. Parent
• D. Guardian/conservator

Answer: (B)

The spouse of a deceased patient is granted the highest priority for medical record disclosure following the patient's death due to the legal rights that accompany marriage. Spouses typically have access to all aspects of a deceased partner's personal and medical history, reflecting the expectation of trust and shared decision-making inherent in the spousal relationship. This level of access remains even after death, as health privacy laws often recognize the spouse as the primary individual to make decisions regarding their partner's healthcare information. In contrast, while adult children, parents, and guardians/conservators may have certain rights to access a deceased person's medical records, those rights typically come secondary to those of the spouse. Adult children would be next in line, but they do not supersede the spouse's rights. Parents might also have some access, especially if the deceased did not have a spouse or children, but again, the spouse retains the primary claim. Guardians or conservators may access records primarily when they are acting on behalf of a living patient, rather than post-mortem. Thus, according to legal standards regarding patient privacy and record access, the spouse is prioritized above all others in such matters.

The spouse of a deceased patient is granted the highest priority for medical record disclosure following the patient's death due to the legal rights that accompany marriage. Spouses typically have access to all aspects of a deceased partner's personal and medical history, reflecting the expectation of trust and shared decision-making inherent in the spousal relationship. This level of access remains even after death, as health privacy laws often recognize the spouse as the primary individual to make decisions regarding their partner's healthcare information.

In contrast, while adult children, parents, and guardians/conservators may have certain rights to access a deceased person's medical records, those rights typically come secondary to those of the spouse. Adult children would be next in line, but they do not supersede the spouse's rights. Parents might also have some access, especially if the deceased did not have a spouse or children, but again, the spouse retains the primary claim. Guardians or conservators may access records primarily when they are acting on behalf of a living patient, rather than post-mortem. Thus, according to legal standards regarding patient privacy and record access, the spouse is prioritized above all others in such matters.