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

Asked over 1 year ago - San Diego, CA

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. Scott Richard Kaufman

    Contributor Level 20


    Lawyers agree

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

  2. Thomas Anthony Schaeffer

    Contributor Level 14

    Answered . 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.... more

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