Skip to main content

Can I subpoena a hospital for medical records of a decedent if I am a beneficiary of the decedent's estate?

San Diego, CA |
Filed under: Lawsuits and disputes

Are there any privacy/privilege laws that would prevent me from doing this? Do I have to get the executor of the estate's permission?

Attorney Answers 2


  1. A subpoena is under the authority of the court. If you have a court case that is ongoing, then you can subpoena records...


  2. Answer: yes. There are laws which prevent you from doing that, unless you have a court case as was previously mentioned.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics