Legal Question in Medical Malpractice in New York

possible medical malpractice
my mom passed away last week at a local hospital. when the family went up to see her remains before the funeral director came we were asked if we wanted an autopsy. we said yes so we know what exactly caused her death. they told us it was to late since the ME already signed off. On the death certificate where te ME was supposed to sign the Dr from the hospital did instead. it says there was an autopsy performed even though it wasnt. it also said she passed on in the Emergency room when she didnt she was an inpatient. we can not get a straight answer from the hospital. what should we do?

Asked on 2/22/09, 8:01 pm

3 Answers from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

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Re: possible medical malpractice

You must act right away, before something else happens to the body.

Before you can do anything, you or someone else must be appointed by the surrogate court to have the authority to obtain medical records, contact the me, the dr. and the funeral director.

It only takes just a day to have it done.

Obtaining the medical records, etc. helps preserve evidence.

The medical examiner would not issue a death certificate unless he examined the case and determined what the cause of death was - especially if it was mysterious.

In conclusio, the surrogate court should appoint someone with the authority to investigate.

The medical records should be immediately obtained.

The ME should be contacted.

The Dr. should be contacted for his records.

Don't Wait.

Answered on 2/23/09, 11:13 am

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