Basic Information about Getting Medical Records
Do I need a court order to get the medical records of someone who died?
Generally, yes. The Health Insurance Portability and Accountability Act (HIPAA) requires certain entities, like most healthcare insurance companies and providers, to safeguard a patient's protected health information. They won’t release the records without a court order, even to a spouse.
You may be able to obtain the records if you are a person listed in NRS 629.061 (such as the executor named in the will, personal representative, trustee, or parent or guardian of a child who passed away). Otherwise, you will need a court order.
Who can request the medical records?
Any of the following can petition the court for an order to release medical records. Ideally, the person closest to the top of the priority list would make the request to the court.
- Spouse.
- Child.
- Grandchild.
- Other direct lineal descendant (such as great-grandchild, etc.).
- Parents.
- Sibling.
- Any family entitled to share in the distribution of the estate.
If you petition for the medical records but there are others higher on the priority list than you, you will need their written consent to file with your request. You’ll have to provide the names, ages, relationships, and addresses of all persons who have equal or higher priority than you.
Who should I request the medical records from?
You will need to know the name and address of every medical facility (e.g. hospitals, doctors' offices) from whom you want records. List the facility that is holding the medical records you want. A doctor can work for a hospital and have their own clinic, so you may want to include the doctor’s clinic. If you are looking for medical records to show the cause of death, you will want to include the facility and address of the place where the decedent died.
Steps to request an order for medical records:
1. Obtain necessary documents. You'll need to gather a few things before filing.
2. Fill out the forms. There are 3 forms you'll need to fill out.
3. File the forms. File these at the District Court.
4. Wait to receive the signed order. There is usually no hearing.
Read more about each step below.
1. Obtain Necessary Documents.
You'll need:
- Death Certificate. You will need to attach a copy of the death certificate to your petition.
- Relatives' Consent. If there is a relative higher than you on the priority list of relatives above, you'll need to get their written consent showing they agree for you to file the petition. Ask each relative with higher priority than you to sign and notarize one of these consent forms:
Probate Consent (pdf fillable)
If there is a relative higher than you on the priority list who will not / cannot consent, make sure to explain why in your petition.
2. Fill out the forms
There are 3 forms you must fill out. List yourself as the 'petitioner' and the person who passed away as the 'decedent.'
Cover Sheet (pdf fillable) (select "Other Probate" in section II)
Request for Submission (pdf fillable)
Ex Parte Petition for Release of Medical Records (pdf fillable) - attach a copy of the death certificate to this form.
3. File the forms
File the papers above along with any relative consent forms at the district court in your county. Visit Find My Court if you are not sure where your local district court is located.
The court will charge you a filing fee to file your papers. The fee is different in every county. Find out from your local court what the filing fee will be.
If you cannot afford the filing fee, please see Filing Fees and Waivers to find out how to apply to waive the fee.
4. Wait for the order
Find out from your local court how to turn these papers in to the judge.
There is usually no hearing. The judge will review your papers, and if the judge approves your request, the judge will issue an Order approving the release of the medical records. The judge's staff might call you to pick up the Order, or they might send the Order to you in the mail.
Some medical facilities might request to see the certified copy of the order. You can order a certified copy from the clerk of court for a small fee.
