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My father died a week ago. He was on chemotherapy. After his third dose, he got sick and went into renal failure. While he

Albany, NY |

was in the hospital. the oncologist kept saying "I overdosed him" and
"I never put any of my patients in the hospital", "I guess you could sue me if you want"

I asked to see my dad's records as I am the health care agent and they refused.

I am very upset and wonder if I should seek legal counsel. My mother doesn't have much money and I was hoping to get her some money to help with her life.

Attorney Answers 9

  1. Consult with a medical malpractice lawyer. You may also want to file a complaint with the State Department of Health. I can refer you to an Albany attorney if you'd like.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  2. Very sorry to hear. Consult local medical malpractice attorneys. Most offer a free consultation. Many will accept cases on a contingency basis.

    (510) 343-6219. Special education & personal injury attorney. All responses are provided for informational purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.

  3. A medical malpractice attorney can get the medical records with the proper authorization. The hospital should allow you to see the records with the proper authorization. Lawyers take cases on contingency, meaning they get paid at the end of the case.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

  4. Under the public health law, the next of kin is entitled to obtain the records. It is worth investigating the matter, though there may be several issues that arise. What stage was his cancer? What was his prognosis before he passed?

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

  5. Whether you have a case will depend on a few things. Obviously your father was sick with his underlining cancer. Depending on the type of cancer, his prognosis, and age, those would play factors into whether a viable case exists. As sad as this sounds if your father had end stage cancer and was going to pass irregardless of the overdose then in the eyes of the law there are no additional injuries. On the other hand if he had a good prognosis but for the overdose it would definitely be worth investigating.

  6. I agree with my colleagues. You need to consult with a local medical malpractice attorney to evaluate your case as soon as possible. I hope you found my answer helpful.

  7. I have handled similar matters in the Albany area. You need to speak with someone soon. An estate administrator needs to be appointed- they can get the records. Very sorry for your loss.

  8. See an attorney, the hospital and the oncologist have raised a lot of red flags, you need to determine if there is any substance to their concerns and only a malpractice attorney may be able to help. They know how to get the records and have the experts ready to review them so that you will know for certain about this.

    I am licensed in New Mexco and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented in the question. A more complete legal areview can be obtained through local counsel.

  9. A medical malpractice case consists of 2 basic elements.

    1. A departure from accepted medical standards.
    2. The departure causes an injury.

    If your father's oncology expert gave your father a chemo dose that was too high and this caused your father's renal failure, you have a case.

    You should consult with an attorney with considerable experience in medical malpractice. The attorney will not charge you for the consultation but will keep a percentage of any recovery he/she obtains. Equally important when interviewing prespective attorneys is to ensure that the attorney you hire will return your phone calls. Make sure you get references and ask whether the attorney was good about returning phone calls. Good luck.

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