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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 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.

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