Mobile, AL asked in Health Care Law for Alabama

Q: How can I get my father’s medical records from hospital since he has passed away?

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1 Lawyer Answer
Christopher Belk Estes
Christopher Belk Estes
  • Mobile, AL
  • Licensed in Alabama

A: Most all hospitals will require that you be appointed as the Administrator or Personal Representative of your father's estate in order to obtain a copy of his medical records. I have only seen a few times where a hospital released records to a relative of a deceased person without being appointed by Probate - very rare. You could ask and see if they will do it, but you cannot compel them to produce your father's records without first going through Probate. If you are pursing a death case, some Probate Courts in Alabama will allow your attorney to do a "limited estate" just for the purposes of obtaining medical records. Note, this is on a very limited basis by the Court. A PR is appointed solely so that records can be obtained. Note, if your attorney thereafter proceeds with a death case, a full estate would need to be opened.

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