Legal Question in Medical Malpractice in Louisiana

In the state of LA, does a common law wife have the right to request medical records of her common law husband that deceased from the hospital. All medical papers and decisions at the hospital were signed and acknowledged by the hospital as common law spouse. Thank you.


Asked on 2/23/10, 6:16 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Louisiana does not have common law marriage. If your common law marriage is one from a State that does have common law marriage, then you are married to the man. Unfortunately, now that he is deceased, they will probably require a court order or an Attorney's letter at least to release anything. The easiest way is to open his succession and have yourself appointed curatrix and get a court order.

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Answered on 3/01/10, 3:57 pm


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