Legal Question in Medical Malpractice in New York

obtaining medical records of deceased mother

My mother died in May of this year. She had knee replacement surgery, was transferred to another hospital for therapy for her knee even though she complained of nausea and was vomiting. She ended up in emergency surgery for a perforated bowel one week after her knee surgery and died from a massive infection.

I would like to obtain the medical records (from both hospitals) and my question is, do one of my siblings need to be granted power of attorney before we can obtain the records? Or can any of us just ask for them?

The paperwork for my sister to be granted power of attorney is still in the court system.

I don't want any more time to go by before obtaining the records. I want to know what happened to my mother.

Thank you.

Asked on 10/19/04, 1:56 pm

1 Answer from Attorneys

Andrea Bonina Bonina & Bonina, P.C.

Re: obtaining medical records of deceased mother

In order to obtain medical records on behalf of a decedent you must have legal standing. In other words you would have to be administrator of the estate or executor of the estate. If paperwork to appoint your sister is pending then she will have to request the records. A hospital or health care provider will reject any request that is not from a properly appointed person.

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Answered on 10/19/04, 3:05 pm

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