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Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Patent Bar Certified
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My sister died last year and her son had a autopsy done when

Customer Question

my sister died last year and her son had a autopsy done when he tried to get a copy of it he was told that only her parents can get a copy . both of her parents are deceased. so how can we get a copy of the report
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of practice experience. It is a pleasure to assist you today, though I wish under different circumstances.

The medical examiner is correct here in that for you to receive a copy of the autopsy report, you will have to get a court order. The only person that technically has access to the report, unless it is deemed a criminal matter, would be the representative of the decedent (or person that is deceased).

MN Law states, "representative of the decedent" or "representative" means the person or persons with the right to control and duty of disposition of the body of the decedent. I would assume, based on what you have shared with me, that the son was the representative of the decedent.

You can file a petition in your sister's county of residence to have a copy released to you. I believe since you are next of kin, you have a compelling reason to know the reason for her death. I think, therefore, you have a good shot a having the court order the release.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in to see if you had any additional questions or comments. I want to make sure you are as comfortable as possible moving forward. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Just checking one last time to make sure all is well on your end relative to this issue. Thanks