Legal Question in Wills and Trusts in Massachusetts

Is a Motion to Obtain Hospital Records required to get a deceased person's recor

Is a Motion to Obtain Hospital Records required in the Contest of a Will. My deposition was taken and the lawyer said he obtained hospital records from a Court Order. I went to court and went throught file and docket and there was no motion that I could see. Would the motion have to be filed in court and if it wasn't did the lawyer lie to me about getting a court order. Also if they gave the records to an ''Expert Witness'' is this witness' testimony allowed at the trial?


Asked on 6/13/03, 2:29 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Is a Motion to Obtain Hospital Records required to get a deceased person's r

Medican records cannot be properly obtained without either a written authorization from the patient or a court order. The court order cannot be obtained without being in the court file. In addition, the patient must have prior notice before the court will issue such an oder.

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Answered on 6/15/03, 1:18 pm


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