Which party has the right to access a deceased patient's records according to state law?

The right to access a deceased patient's records is typically granted to the executor of the estate or appointed relatives, aligning with established legal and ethical guidelines. This practice ensures that the privacy and confidentiality of the deceased individual's medical information are respected while also allowing those who have a legitimate interest in the records to obtain them for purposes like settling an estate or understanding medical history.

Executors are legally appointed individuals who manage the deceased person's estate and are responsible for fulfilling the deceased’s posthumous wishes, including handling their medical records. In some jurisdictions, certain relatives may also be given access if they can prove a legitimate need or interest that aligns with privacy laws. This framework allows for a balanced approach, safeguarding patient confidentiality while recognizing the rights of designated family members and executors.

In contrast, options that suggest access is limited to just the surviving spouse, any family member, or only legal representatives don't capture the broader legal context. Surviving spouses may not automatically have rights that supersede those of executors, while not all family members listed in records may have legitimate claims to access. Similarly, limiting access solely to legal representatives excludes others who may have been granted specific rights under state laws, thus providing a more restricted view than is usually adopted in practice.