Legal Question in Wills and Trusts in New Jersey
medical records
I was named executor of my fiance WILL. Now I have to obtain his medical records for a medical malpractice suit. Since I am the Executor can they release them to me or what do I have to do?
1 Answer from Attorneys
Re: medical records
As Executrix you are entitled to the records. However, as I understand this from a practitioner of medical malpractice, with the death the suit takes on a dual aspect: a suit for pain and suffering prior to death (which is for the benefit of the estate) and a wrongful death action (which only benefits those people who would be eligible to inherit by intestacy (dying without a Will) who would be family members. Get the records and check with an attorney who is an expert in medical malpractice litigation. I have several friends who have such practices, if you need a referral.