Legal Question in Personal Injury in North Carolina

mom passed away last may and walmart was part to blame for not giving her her prescription form the doctor and few days later she was put on life support and passed. my question is walmart now wants her medical records and we have not elected an executor because we didn't need one she had life insurance and not estate. how do I handle this.


Asked on 1/27/15, 8:50 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

You can open a small estate for a reduced fee. Once a personal representative is appointed, that person should be able to obtain the medical records. You should consider hiring an experienced personal injury attorney for assistance. I would certainly do that before I let WalMart get all of my mother's medical records. Once you sign a release allowing this they can get whatever they want and their interest is to cover themselves, not to help you. I do not suggest you try and handle this without an attorney. medical malpractice cases are very difficult to present, and you will be letting them build their case against your mother without the benefit of experienced advice and guidance. An attorney will look at the medical records first and tell you if you have a case, or not, while keeping your mother's medical records private unless you have a good case.

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Answered on 1/28/15, 12:25 pm


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