Legal Question in Medical Malpractice in New York

My husband is in intensive care and the doctor will not answer my questions. My husband went into the hospital for open heart surgery. He was complaining of pain after the surgery. He said that something was wrong, but they ignored him. It turns out that they closed his wound incorrectly and they broke his ribbs. Now they have to perform a second surgery to take care of their mistake in the first surgery. Now he has further complications: pneumonia and infection. I believe that these doctors will not talk to me because they know that they have made numerous mistakes and they do not want to admit their incompetance. They have kept him sedated for almost a week now and they won't tell me why. How do I force them to give me access to medical records about his health?


Asked on 2/25/10, 11:05 am

2 Answers from Attorneys

So long as your husband is conscious, and mentally competent, he is the one who must give written consent for the release of his medical records. While he remains hospitalized, chart pages will be added everyday. The medical records department will not likely get hold of the chart until discharge. Meanwhile, you should try and speak with his "attending" physician for information. Best that these discussions take place in the presence of your husband. If you cannot get clear answers to questions, seek out the hospital administrator or someone of authority in risk management. Best, M. E. Zuller

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Answered on 3/02/10, 12:24 pm
Pasquale Calcagno Calcagno & Associates, PLLC

In order to get the medical records to review a possible medical malpractice case it is best to hire an attorney and have them send for the records. Your husband, if he is still conscious and competent, must execute a HIPPA compliant authorization and an attorney can follow up and get the records. Kindly contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free, confidential consultation regarding this matter. We have offices all over New York and can even have an attorney come to your home or the hospital for a free consultation upon request. You can also visit us on the web at www.1800wefight.com.

We look forward to fighting hard for your rights.

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Answered on 3/03/10, 10:36 am


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