Can I obtain a copy of the autopsy and toxicology reports for my fiance’s death?

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Can I obtain a copy of the autopsy and toxicology reports for my fiance’s death?

My fiance passed away and the reports were only issued to his parents and they aren’t letting any one see them. They have told me and their other children different reasons why he died. I wanted to know if I can get the reports legally for myself so I can see the real reason why he died.

Asked on September 22, 2010 under Accident Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  I know that this must be a very difficult time in your life.  But unfortuantely I do not think that you will be able to get a copy of the report without a court order, and I see no basis for you to obtain a court order allowing it.  His parents are the next of kin that are legally entitled to it.  Had you been married then you would have been the next of kin legally entitled to the reports and his parents would have been left out in the cold as they have done here.  But give them time.  Losing a child is, in my opinion, the greatest heartache in a parent's life.  Maybe they just need time to digest the information, process it and come to a place of peace where they can openly discuss it.  The information will always be there in black and white.  Emotions are not black and white.  Good luck to you all.


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