How do I obtain a court order to have the release of my deceased brother’s medical records?

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How do I obtain a court order to have the release of my deceased brother’s medical records?

My brother had a lot of medical problems and did not let his family know all the details. He recently passed away. His wife does not want to pursue his medical records, however, his grown children as well as myself would like to know all that had gone on. His daughter is pregnant with their 2nd child and was told her daughter may have a heart defect. She obviously wants to know more about her dad’s health. Additionally, he was adopted so we do not know any more information than what was wrong with him.I called his doctor’s office but they told me I would need a court order to obtain the records.

Asked on April 18, 2012 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  When they say "court order" what do they really mean?  Becuase if there is some one who has been appointed as the executor or personal reporesentative of the estate they can sign an authorization for release of the medical records.  Otherwise a subpeona also works s long as it is so ordered by a court but the rules for ussing a subpoena can be a stumbling block in sone states.  Get some help here.  Also, the laws regarding the records of adopted children and the right to find out health information have changed over the years.  Look in to it.  Good luck.


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