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Court Order (Duces Tecum) for Medical Records

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F

Flowers

Member
What is the name of your state? NY

Hello,
I hope this is the right forum for my question.

I have been told by the Nursing Home where my husband passed away that since I did not have a Proxy I cannot get a copy of his medical records. They have been sealed and say that I need a Subpoena Duces Tecum to order them to give me the records.

Which lawyer do I see for this? Will I have to be present in Court or will my lawyer be able to do this for me. In other words, what is the procedure to follow and is it generally something that the court will grant.

I have long had suspicions of my husband's treatment there and I feel they are being obstinate because of something in those records...I know of the HIPAA law but both hospitals where he stayed during his illness are sending me copies of the records. At one of the hospitals he had a stay of two months and the other he was sent to by the nursing home on at least 12 ocassions...Why can't they give me these records if there is nothing to hide...It's not as if a stranger is asking for them.

Flowers


What is the name of your state? NY:(What is the name of your state?
 


B

BlondiePB

Senior Member
Flowers said:
What is the name of your state? NY

Hello,
I hope this is the right forum for my question.

I have been told by the Nursing Home where my husband passed away that since I did not have a Proxy I cannot get a copy of his medical records. They have been sealed and say that I need a Subpoena Duces Tecum to order them to give me the records.

Which lawyer do I see for this? Will I have to be present in Court or will my lawyer be able to do this for me. In other words, what is the procedure to follow and is it generally something that the court will grant.

I have long had suspicions of my husband's treatment there and I feel they are being obstinate because of something in those records...I know of the HIPAA law but both hospitals where he stayed during his illness are sending me copies of the records. At one of the hospitals he had a stay of two months and the other he was sent to by the nursing home on at least 12 ocassions...Why can't they give me these records if there is nothing to hide...It's not as if a stranger is asking for them.

Flowers


What is the name of your state? NY:(What is the name of your state?
Click to expand...
Any type of POA power ended when your husband died. Personal Representatives/Executors of Estates do have the legal authority to obtain records upon the court issuing Letters of Administration/Testamentary.

Yes, the nursing home must release records upon receiving the Subpoena Duces Tecum or they'll have some serious 'splainin' to do to a judge. There will be no problem acquiring one from the court. Your attorney can do this for you.
 
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