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  1. #1
    Join Date
    Dec 2011
    Posts
    9

    Default Getting Medical Records for a Deceased Person

    My question involves a person located in the state of: MN

    My mom passed away and Im the head of her estate as she named me. I have her death certificate and also even had a lawyer send the hospital where she stayed and died at a letter requesting her medical records. They are denying me this. What can I do myself to get these records without having to go to court? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,805

    Default Re: Getting Medical Records After Parents Have Deceased

    You have a lawyer trying to get these records for you. What legal reason did the hospital provide to the lawyer for refusing your request.

  3. #3
    Join Date
    Dec 2011
    Posts
    9

    Default Re: Getting Medical Records After Parents Have Deceased

    Yeah but he just sent a letter and now wants more money to do anything else like to bring them to court or whatever the next step would be. Didn't give a legal reason. This hospital is in a small town and we need the records for some other lawsuit we are trying to start up and I don't know if they did something wrong medically or if its small town politics. So thats why I'm wondering if there is something I can do myself or if I have to go thru a lawyer to get these records. I know I should get a new lawyer anyways lol

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,589

    Default Re: Getting Medical Records After Parents Have Deceased

    You may not be able to get the records without a subpoena. Because of HIPAA and other privacy laws, it is very difficult to get the medical records on another person without a court order.

  5. #5
    Join Date
    Dec 2011
    Posts
    9

    Default Re: Getting Medical Records After Parents Have Deceased

    Quote Quoting cbg
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    You may not be able to get the records without a subpoena. Because of HIPAA and other privacy laws, it is very difficult to get the medical records on another person without a court order.
    Can I do this myself or do I need a lawyer to get a Subpoena?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,589

    Default Re: Getting Medical Records After Parents Have Deceased

    You need a judge to get a subpoena. You can't have a court order without a court, right?

  7. #7
    Join Date
    Dec 2011
    Posts
    9

    Default Re: Getting Medical Records After Parents Have Deceased

    Quote Quoting cbg
    View Post
    You need a judge to get a subpoena. You can't have a court order without a court, right?
    lol. Jeez you're making me phrase my questions correctly here haha. Would you suggest me getting a lawyer to go thru the process of getting a subpoena or is it a process I can do myself?

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,589

    Default Re: Getting Medical Records After Parents Have Deceased

    Yes, I would suggest having your lawyer go through the process. It's not a DIY process and you want someone doing it who knows how. Not a good thing to practice on.

  9. #9
    Join Date
    Dec 2011
    Posts
    9

    Default Re: Getting Medical Records After Parents Have Deceased

    Quote Quoting cbg
    View Post
    Yes, I would suggest having your lawyer go through the process. It's not a DIY process and you want someone doing it who knows how. Not a good thing to practice on.
    Thanks for your replies !

  10. #10
    Join Date
    Apr 2009
    Posts
    522

    Default Re: Getting Medical Records for a Deceased Person

    Quote Quoting sharoturtle
    View Post
    My mom passed away and Im the head of her estate as she named me.
    What does this mean?

    Did you open probate and has the court appointed you to administer her estate?

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