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?


Asked on 11/28/03, 12:48 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

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Answered on 11/29/03, 12:41 pm


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