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 Eric@RothsteinLawNY.com. 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.
Very sorry to hear. Consult local medical malpractice attorneys. Most offer a free consultation. Many will accept cases on a contingency basis.
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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.
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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?
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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.
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.
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.
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.
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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