Medical Records

[Intelligent_Panic99]

Does anyone else worry about who could see their therapists' records after they die? I know you still have HIPAA rights after death (I'm in US) but if suicide is suspected can your therapist's records investigated?

 

[UpandDownPrincess]

Your medical records could be requested by the coroner, but almost never are. A suicide determination is often straightforward and our society assumes you were suffering from a mental illness, so no further information is needed.

Your therapist would most likely refuse any request that does not come with a court order. Mental health records are specially protected.

 

[Intelligent_Panic99]

I was reading that after death, where I live, records could be requested by an "authorized representative" if named in your will or the like, but if not named the court could appoint the next of kin or other relative as this person and they could (in theory) request records. Also, what if the family wants to sue the therapist? I truly hope my parents/family would never ever do this - but I just want her (and all of my secrets too) to be protected no matter what. She did nothing wrong but that would a big pain for her. I am hoping that since it will be a year since I was her patient it will not be an issue.

Your medical records could be requested by the coroner, but almost never are. A suicide determination is often straightforward and our society assumes you were suffering from a mental illness, so no further information is needed.

Your therapist would most likely refuse any request that does not come with a court order. Mental health records are specially protected.

I meant to hit reply to your thread see above

 

[UpandDownPrincess]

Mental health records have special protections, above and beyond standard medical record requests, so the courts would have to be involved.

I highly doubt that your therapist will give them up unless ordered to do so by a court order.

Suing the therapist almost never works, and it is why she has malpractice insurance. Although it would be a hassle for her, she is likely protected from much financial damage, even if she were to be found responsible.

 

[its-about-time]

Yes your records are protected after death (except possibly release to police). But they can be accessed. Some families hire lawyers and private investigators to obtain medical records including mental health following suicide. Usually when the family wants to sue the therapist. It becomes very public business after that.

 

[Intelligent_Panic99]

Mental health records have special protections, above and beyond standard medical record requests, so the courts would have to be involved.

I highly doubt that your therapist will give them up unless ordered to do so by a court order.

Suing the therapist almost never works, and it is why she has malpractice insurance. Although it would be a hassle for her, she is likely protected from much financial damage, even if she were to be found responsible.

This is good to know. I am hoping my therapist never finds out, but if my parents or family get ahold of other records they may find her name and I guess I just don't want them knowing stuff that may be in her file. I really doubt they will sue - but who knows. I thought about requesting my records to see what is actually there but I am afraid to read them. lol. It's funny because my family has pretty much no interest in my mental health, so I don't know why I am worried. But I do think the stuff in her record should be able to be destroyed at my request. I've already shredded almost anything personal in my house, and it will be gone before I go.

Yes your records are protected after death (except possibly release to police). But they can be accessed. Some families hire lawyers and private investigators to obtain medical records including mental health following suicide. Usually when the family wants to sue the therapist. It becomes very public business after that.

This is what I am afraid of.

 

[its-about-time]

This is good to know. I am hoping my therapist never finds out, but if my parents or family get ahold of other records they may find her name and I guess I just don't want them knowing stuff that may be in her file. I really doubt they will sue - but who knows. I thought about requesting my records to see what is actually there but I am afraid to read them. lol. It's funny because my family has pretty much no interest in my mental health, so I don't know why I am worried. But I do think the stuff in her record should be able to be destroyed at my request. I've already shredded almost anything personal in my house, and it will be gone before I go.

This is what I am afraid of.

Unfortunately medical records of any kind can't be erased, especially in this electronic age. Past clinician notes can be amended, and there's a huge stamp automatically applied to it saying "AMENDED," but that's about it. Believe me, there are things on my record I would love to have erased, it's just not possible. They will follow you for your entire life.

Thankfully most families don't sue therapists. It does happen though and seems to be much more common when a youth or young adult commits suicide.