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Do I have to go to court to get a next of kin affidavit?

the hospital won't release my fathers records to the insurance company without them.

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Your question doesn't make sense ... there's something missing.

The hospital will release records to the patient's insurance company.
That is something that is done routinely.

Or do you want it released to YOUR insurance company?
And if so ... why?
I can think of no reason for any insurance company ... other than the patient's ... to have access to that confidential information.

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