Contact a local medical malpractice lawyer to review the medical records to see if there is mslpractice.
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You need to consult a medical malpractice attorney to have the records reviewed to determine if the standard of care was breached by the treating physicians.
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A doctor will have to express an opinion that the was malpractice. Consult with a medical malpractice lawyer.
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"Pressing charges" relates to criminal conduct, and I don't think your father means that, although I have been involved with cases in which the malpractice also constituted criminally negligent homicide. Her settlement will proceed to be distributed commensurate with her estate provisions in a will or other post mortem device, even if imposed by the laws of intestacy. If you are contemplating med mal action, the estate must commence a suit within two years of the wrongful death via an estate fiduciary such as the administrator or executor. If the report states that it was an accident, then that is an excellent admission of liability and if you wish for more assistance, I would be happy to do so.
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I have been handling medical malpractice and wrongful death cases for many years. Initially, I worked with insurance companies while defending the doctors and hospitals, and now as a plaintiff's attorney I sue the doctors and hospitals. You appear to have a lot of issues and questions. First, you need an experienced medical malpractice/wrongful death attorney to obtain the records and review them with a doctor to determine whether or not there was malpractice. When someone has died, in order to get the records, you will need to have an administrator or executor of the estate appointed in order to have an authorized person obtain release of the medical records. If a physican agrees there is malpractice, then a number of other questions need to be answered and all of this will require consulting with an experienced medical malpractice/wrongful death attorney. Importantly, New York State law requires that an attorney consult with a physician regarding your case, before even filing the lawsuit. My only advice to you at this point is that you must consult with a knowledgeable attorney.
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