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The medical records of the deceased are frequently an integral element in determining the cause and manner of death. In conjunction with the investigation of sudden, unexpected, or violent death, the Medical Examiner has the authority by statute to issue subpoenas for medical and dental records and other documents that are necessary for the full investigation of any case.
In the vast majority of Medical Examiner cases, the investigator in charge will request and be given a copy of the records. Ordinarily, the investigator will call the hospital, doctor or nursing home, request a copy of the deceased's records and inquire as to when the copies will be available. A subpoena for records will be issued if the custodian of the records fails to respond to the original request. When needed, the medical examiner may require the personal appearance of the custodian of such records. In most cases, however, delivery of the requested records via mail, courier, or via one of our investigators is adequate, Â and personal appearance of the custodian is not required.
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