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- Panel Sparks Controversy Again with New Prostate Cancer Screening Guidelines
- Doctor Misdiagnoses Woman and Fails to Complete Full Examination; Woman Dies Days Later!
- Study Finds Hospital Acquired Infections Greatly Impact ICU Deaths
- Medical Malpractice and Res Ipsa Loquitur: An Explanation
- Medical Malpractice Liability and Nurses; Why Nurses are being sued More and More Often
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- Discover how you can win your lawsuit by taking Three Simple Steps in Kingston, New York
- How I learned a lesson in life from a shyster lawyer
- The Day My Hero Died
- Discover how you can get the special services for your disabled child in an Individualized Education Plan in Kingston, New York
- Discover how you can get top-notch health insurance for your family for less than $200 a month in Kingston, New York
Who has the right to get the medical records when a family member dies?
A: Until the law was changed several years ago, no family member had the right to get the decedent's medical records until an Estate representative had been appointed. The appointment of an Estate representative is a time-consuming and cumbersome task that requires an attorney. In many potential cases, the family decides that it is not worth the trouble to have an Estate representative appointed in order to obtain the medical records.
Boy, how things changed! Today, any "distributee" of the decedent's Estate can get the medical records, and there is no longer a requirement that an Estate representative be appointed. A "distributee" typically includes the surviving spouse and children, under New York's Estate Powers and Trusts law.
When a family member dies, any of the distributees can obtain the decedent's medical records as long as they provide a death certificate. The new law gives all of the distributees equal ability to obtain the decedent's medical records and the records can be secured within a day or two of the family member's death.
Some personal injury lawyers still think that an Estate representative must be appointed to get the medical records. Au contraire! If a physician or hospital tells you that an Estate representative must be appointed before they will release the medical records, they are dead wrong (excuse the pun). The first step is to ask to speak with the director of the medical records department and if that fails, you should inform the hospital that you intend to report them to the NYS Department of Health for denying access to records that you are rightfully entitled to. This will get the results that you want.
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The Seven Deadly Mistakes of Malpractice Victims
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You will not be another of the 98,000 victims of medical malpractice in the United States in 2009 if you read my FREE BOOK. I have a book that will tell you why most victims of medical malpractice never recover a penny. If you are the victim of medical malpractice, we will rush this free, valuable information so you know what to do. If you don't call now, you have only yourself to blame.
You will never have to worry about medical malpractice again if you call this toll-free number, 866-889-6882, for your free book, The Seven Deadly Mistakes of Malpractice Victims, and an audio CD of the book, or you can request the book here and the book will be rushed to you immediately at no cost.
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John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
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Contact Info
John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
Video Library
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- Personal Injury Attorney In New York Is Motivated By The Difference His Case Results Make In Peoples Lives
- How To Know Which Law Firm Is Right For You According To Medical Malpractice Attorney In New York
- Knowing You Are The Victim Of Medical Malpractice Can Be Tricky According To New York Attorney
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- What is the best way to reduce (or even eliminate) photocopy expenses in your law practice in Kingston, New York?
- Why you should never pay attention to lawyer advertisements when hiring a lawyer in Kingston, New York?
- What is the #1 way to defeat a subrogation claim against your injury compensation in New York?