Legal Question in Medical Malpractice in New York

Me and my sister in law Are trying to get my deceased brothers medical records from a home service facility and I'm getting the run around. Now they are saying my sister in law has to go to court and get appointed guardian? They are legally married, isn't that enough?

Asked on 3/30/16, 6:08 am

1 Answer from Attorneys

Sherri Plotkin Rheingold Giuffra Ruffo & Plotkin LLP

Pursuant to the NYS Public Health Law Section 18, the next-of-kin is permitted to obtain the medical records of a deceased person upon presentation of a copy of the death certificate and a properly executed authorization form. There is no longer any requirement that the person requesting the records has to get a court appointment first.

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Answered on 3/30/16, 7:10 am

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