Legal Question in Medical Malpractice in New York
How Do I Get Medical Records?
My mother went in the Hospital to have a procedure done to unclog arteries in her heart. I was told that after her surgery they put her in a coma so she wouldnt be in any pain. I was told my mother was doing good then all of a sudden I was told things werent looking good. Two years prior to all of this my mother had a will and a living will done. In my mothers living will she stated that she wanted to be kept alive by all means. If she went into cariac arrest she wanted to be ressusitated . After she passed away I asked my brother just went wrong and he said that everything started to go and that she went into cardiac arrest. Iasked him if they tried to resussitate her he said no. Naturally I freaked out and asked why cause in her living will she said she wanted to be resussitated. How do I get her medical records? My brother is the executor and we are not on speaking terms. Time is running out.Do I need an attorney? If so do you know of one that would handle the case?
1 Answer from Attorneys
Re: How Do I Get Medical Records?
Generally, only the individual or their legally appointed representative can obtain medical records. Under recent Federal legislation, health providers are even more strict about this.
In order to get the recrds, you will probably need to go to Court to have you appointed or approved to get the recrds since there is a legal representative of the estate already.
On the other hand, you can go to the hospital and fill out the forms and indicate your are the son of the deceased, and some hospitals will give you the records still.
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