How to subpoena medical records from a hospital?

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How to subpoena medical records from a hospital?

The mother is the beneficial of her son’s life insurance policy and the new wife married the son 3 months before his death and the insurance company wants to see his medical records but the new wife want release the medical records.

Asked on August 9, 2010 under Insurance Law, Alabama

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your loss.  Before getting in to how to do what you want and who has the right to issue the subpoena, may I suggest that his Mother go and speak with an attorney on the matter as soon as possible.  If the insurance company is requesting the medical records it could be that they intend to "disclaim" coverage, meaning that they will be setting the case up to deny the payment of the proceeds to the beneficiary.  They may be doing so because they think that her son may have failed to tell them something in the application that would have effected the issuance of the policy. 

As for the subpoena, each state has laws that govern who may issue or request one.  Attorneys can generally request one from a Judge and sometimes issue them as well.  A Personal Representative of an estate can sign an authorization for the release of the records as well. Seek legal help.  Good luck.


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