Legal Question in Elder Law in Oregon

my legal rights as the only biological child

What are my legal rights to get information from my mother's doctor. At the time of my mother's death, my step sister wrote a NEW will, and took all of the papers mom had wanted me to have just weeks before her death. Upon my mother's death, the step sister took control of everything -kept everything from me - she didn't even live up to the will that she wrote for my mom. At the time of mom's death, my mother could not speak or comprehend due to suffering a dibiliting stroke. I was completely shut out. Her attorney forced me to sign an ''I will have no more claims to my mom's estate'' letter in return for $2500.00 from my mom's estate. There is much more, but I'm running out of space. I know there isn't any hope of retrieving any of the estate, but I would like to know who her doctor was so that I may contact him/her to see what was wrong with her. Everything was taken from me, so now I am writing a book, hoping to help other bio siblings from my same fate. I've had many people send me their stories. My one dream is to find out about what happened to my mother and if there was criminal activity. Hope you can help.


Asked on 4/15/04, 1:40 am

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: my legal rights as the only biological child

You need an attorney immediately. You cannot get the information but the attorney can advise U.S. to the situation. See Attorney who has experience in estate planning/probate/litigation. While there are rules applicable to doctor/patient privilege in the situation there may be other rules which override that. Only inexperienced attorney can help you in that regard. Protect your rights and hopefully you are not too late to do something.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/15/04, 11:33 am
Scott Schomer Schomer Law Group

Re: my legal rights as the only biological child

It is very difficult if not impossible to get such information. The new HIPPA law places severe restrictions on dissemination of medical information and most doctors, rightly so, are very afraid to release medical information without authority to do so.

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Answered on 4/15/04, 11:46 am


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