Legal Question in Medical Malpractice in New York

If your brother's fall at the rehab facility contributed to or resulted in his death, then your family absolutely has the right to sue the facility for negligence. However, an important issue in determining the value of this potential claim is what your brother's life expectancy was in light of his diagnosis of pancreatic cancer. If he had a limited life expectancy due to the pancreatic cancer, then the case would have a limited monetary value. Sherri L. Plotkin, Esq., Rheingold Valet Rheingold McCartney & Giuffra, LLP

I'm sorry to hear about your brother. Sounds like there may be a claim here for both not preventing the fall, as well as the management of the patient after the fall. Issue is, though, you will not be able to get medical records (which will disclose the specifics of the care) in the absence of a Court order from the Surrogate's Court. (The Court that oversees the management of Estates involving, among other things, wrongful death claims) In cases involving a claim of wrongful death, the next of kin must petition the Surrogate's Court for authority to obtain records from a medical provider. In has been my experience that where there may be an "issue" as to a patient's death, medical facilities will not release records without this formality being strictly followed.