I need to get an autopsy report but the hospital is being difficut?

Question

I am trying to get my fathers autopsy report but the hospital will not budge in giving it to me. My fathers death 20 years ago was suspicious and they said that my mother would have to be the one to get it. She will have nothing to do with it because it is so hard still to deal with, Its really hard for me too but I need closure once and for all. How would I go about getting a copy of this? I have no other family that can help. Please does anyone have any ideas? Thank you

Answer 1

Star off with threatening them with legal action. Ask them if they are trying to hide something. Although I wonder if it was 20 years ago if its past the statute of limitations. If that doesnt work contact the Distract attourney and tell them you need your fathers autopsy reports.

Answer 2

first of all, i'm in law/cj, so I will say this 20 years ago autopsy were performed in hospitals if that is in fact where he died, if he died in a home then generally, in some cases not all the ME, performs an autopsy at the ME Office. Any home deaths, suicides, murders, homicdes etc.. require ME intervention by law. However, 20 years ago it was differant and each case was treated differantly by medical agencies. death certificates are available through the Freedom of Information Act often times you must write a letter o f request. Autopsy reports differ in that there are strong confidentially clauses and an individuals medical records can not be released unless there is "proof beyond a reasonable doubt" that criminal activity was related to the death and even then the County Prosecuter's office files a motion to supeona the report in which you may not get to even look at but they will dictate it to you, if they deem cause to reopen an investigation of his death or begin one you still won't see it. Medical records can not be released to family members unless you really raise serious hell but even then you better be preoared for the cost and if you waste the counties money and threaten this hospital you better pray that your legal team will superceed their's. In regards to your mom as a spouse yes she can get the report that is legal but as child of the decendent it wont happen, maybe you need to find peace within. Be careful what you wish for you may get it and not like and never view your father the same. Leave it alone sometimes the only closure is having none at all.

Answer 3

You are not the legal next of kin, therefore you have no legal right to your father's medical information. If your mother were to request the information then she would be entitled, IF the facility still had the record. The laws in your state will govern how long a facility is required to keep medical information.
Ask your mother to sign a consent for release of information as the executor of your father's estate and you may be able to gain access that way.

Answer 4

In CA in 2003 I requested a copy of my husband's autopsy report from the coroner's office. I had to send a copy of my marriage certificate and 70 dollars. They said I could not have any copies of photos without a court order. The cause of death was homicide.

Answer 5

If the death was suspicious as you said, was the police called? If so they may have a copy and will give you one.

Just a suggestion. You could ask your states department of vital records.

Answer 6

You must me a signer of your dads medical care. If you are not appointed by hospital legal records, then unfortunetly you are not able to get any information. Your Mom, because she was probably named in legal records is able to have prevy on this information. You can hire a lawyer for a "best interest claim".

Answer 7

You might start by talking to the local DA. Most likely you will have to get a limited Power of Attorney from your mother to give you rights to such information directly.

Answer 8

you would have to request it from the medical examiners office.