They may properly be released only to the patient, or to someone authorized in writing by the patient, or authorized by law to act for the patient. As a parent of a minor, your are authorized by law to obtain your child's medical records. However, once that child is deceased, that legal authority ends. If you request records mentioned herein in writing and are refused, try to get such a refusal in writing. However, initially indicate that you plan to report the refusal to provide you with copies to the State Medical Board, and to the Secretary of State.
Hospitals typically require patients to sign forms giving their consent to medical treatment.
Even if you signed a consent form, you should still be able to make a claim against a doctor. For example, if your doctor did not follow proper procedures when performing an operation and you were harmed as a result, you would be able to make a malpractice claim even if you had signed a consent form. You consented to the risks naturally attendant to the procedure. You did not consent to substandard medical care. If the patient in question is under the age of 18 at the time of the medical treatment, then the one year statute of limitations does not start running until he or she reaches 18.