When discussing access to a deceased patient's records among surviving relatives, who has the legal right?

The legal right to access a deceased patient's records typically rests with the surviving spouse and the appointed executor of the deceased's estate. This is grounded in the legal principles surrounding privacy and confidentiality, which protect the rights of patients even after death. The surviving spouse is often recognized as having a significant interest in the matters related to the deceased’s personal health information, while the executor acts on behalf of the estate to handle financial and legal affairs, including accessing necessary documents like medical records.

In contrast, the notion that only children of the deceased or any family member has the right to access such records lacks the legal backing that is provided to the spouse and executor. While family members may have an interest or emotional connection to the information, they do not necessarily have the legal standing to obtain it unless explicitly granted that authority. Likewise, hospital staff do not have authorization to access records unless acting within the scope of their duties and in compliance with regulations, which does not equate to having a legal right to access records privately.

Thus, the combination of the spouse's relationship and the executor's role solidifies their legal standing to access the deceased's medical records.