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I would like the records of my husband while he was in the…

Customer Question
I would like the...

I would like the records of my husband while he was in the hospitals before he passed. how do i go about doing this

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

As in his death certificate or ??

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I may need an attorney for issues regarding his death

Submitted: 4 months ago.Category: Legal
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Answered in 7 minutes by:
3/12/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,698
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

My sympathies for your loss.

Has probate been opened?

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Customer reply replied 4 months ago
nothing has been done. i don't know where to start.
Customer reply replied 4 months ago
what do you mean by probate
I have an appointment in 30 minutes. may I call you afterward? which would be around 3pm
Lawyer: legalgems, Lawyer replied 4 months ago

A phone call is a premium service and I am not currently able to participate in that; if you do request that option your request will be placed in that queue and a professional will contact you.

Probate is the court process where the court appoints a personal representative who is responsible for dealing with the decedent's estate; this may include paying debts, distributing assets to heirs, and obtaining relevant information such as medical records.

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Customer reply replied 4 months ago
i am not requesting that option. this service makes it look like you are requesting I call.
Customer reply replied 4 months ago
no. there is no will. I am his sole beneficiary on a very small life ins policy thru his work
Customer reply replied 4 months ago
he did not have any investments and we don't own a home so there isn't anything other than little personal effects.
Customer reply replied 4 months ago
such as cloths, sunglasses, things like that
Lawyer: legalgems, Lawyer replied 4 months ago

Thank you;

if there is no will and the assets are restricted to the life insurance policy which names a beneficiary then there is no need to probate.

But a court order would be required to obtain medical records from the hospital if they won't release them voluntarily.

The executor would have the authority to request these; otherwise one can sue for an injunction requesting the hospital to provide the requested records.

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Customer reply replied 4 months ago
I am his wife and was responsible for making his medical decisions such as signing for the DNR and when it was time to remove all devices.
Lawyer: legalgems, Lawyer replied 4 months ago

Section(###) ###-####allows the personal representative the right to request the records. If there is no personal representative (ie no probate opened) then the next of kin is allowed access pursuant to(###) ###-####1). One moment please.

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Lawyer: legalgems, Lawyer replied 4 months ago

Providing a copy of the relevant statute should help:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0395/Sections/0395.3025.html

Otherwise one would need a court order if the hospital refuses (the petitioner may seek attorney fees and costs as well)

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Customer reply replied 4 months ago
they gave me disks of his scans when I was leaving. does that open any precedent. just askibg
Lawyer: legalgems, Lawyer replied 4 months ago

There really is no need for precedence since one has a statutory right to access those records.

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Customer reply replied 4 months ago
ok thank you. I will request yhem
Lawyer: legalgems, Lawyer replied 4 months ago

You are most welcome; good luck to you and hopefully they will comply with the statute.
If your request is ignored you may wish to hire an attorney to write a demand letter citing the statute, also stating a denial will result in a request for legal fees should legal intervention be required.

further questions please post here otherwise kindly rate 5 stars to maintain my ranking on the site. Thank you.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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