Legal Question in Wills and Trusts in California

How do I obtain my mother's "original medical records" from the hospital where my mother stayed for four months. The hospital doctor certified that my mother had severe dementia so that she could not recognize familiar things and make informed medical decisions which was untrue. The hospital and my mother's public guardian refused to give me information about when and how the assessment of my mother's dementia was performed.

I lost my mother's guardianship because the hospital where my mother stayed reported to APS that I abused her which was untrue. APS forwarded their investigation results unknown to me to the Public Guardian Office of DMH. The hospital alleged that I did not have my mother's health directive and their doctor certified that my mother had dementia and could not make informed medical decisions, which were all untrue and I was not informed until I received the petititon one day before the court hearing. My mother's court-appointed attorney did not have time to talk to me and he was one hour late for the hearing. He orally summarized his P.V.P. report, all according to infomation from the hospital, just presented to the judge and recommended that my mother have a public guardian. The hospital's purpose was to kick my mother out of their ICU to avoid further incurring their expensive medical expenses which they could no longer get reimbursed from my mother's insurance. My mother was repeated transferred between their general ward and ICU for suctions of secretions and intubations due to their malpractice and neglects which resulted in my mother's long stay in the ICU for more than two months.

Asked on 8/22/12, 7:26 am

1 Answer from Attorneys

Jennifer Rouse Meissner Joseph & Palley
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You will have to try and subpoena the records, but the conservator holds the legal authority to object to the subpoena since your mother is still living. And if you have not filed an objection in the conservatorship, then the matter may not be at issue which is required for you to be able to issue a subpoena. You should have an attorney assist you as there are specific forms that need to be completed and served within a specific time frame.

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Answered on 8/23/12, 6:36 am

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