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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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medical records

Customer Question

I have strong reason to believe my mother was abused by my sister and that it indirectly caused her death. She was admitted to the hospital in ER, had emergency surgery removing her intestines which left her in a non recoverable state and screaming in agoney for the pain she was suffering for 54 days. It seems no amount of medication relieved her pain.
I had called the hospital regarding her records and was tld I had to request them in writing, I did so immediately and from the time of my call and them recieving my written request my sister had the records sealed, she didn't even tell me. When I saw my mother a few days after surgery she had old bruises on her body. I was only told she had to have this surgery, no other information . My sister and I no longer speak,
I cannot afford an attorney and besides seeing the records find out how she had them sealed. This took place in NYwhat is the legal process to have medical records sealed?
Do you go to court or record it ?? How is it done?
Your help is appreciated, thank you
Submitted: 12 years ago.
Category: Legal
Expert:  lauraeburnette replied 12 years ago.
I don't think that, in any state you can simply make a request to have records sealed. It would take a process involving a judge to approve it. This would be true in any state. If the records have been sealed, no matter what state, it was probably done in the county in which the events occured. I would visit my county courthouse. The sealing of the records itself, is a matter of public record. Of course the records are not, but being a child of the deceased, you should be able to find out what the reason for the request to have the records sealed was. As far as not being able to afford legal help, there are a couple of options. You can go to Legal Aid, you can see an attorney (most will offer a free consultation and some will take cases like this pro bono (free), as most are required to do some sort of pro bone work every year, or last, buy one of those pre-paid legal plans--they run $25 or so a month, and only use it for the length of time that it takes you to clear this up. Good luck and God Bless, and I am so sorry for the loss of your mother.

You also should report the suspected abuse of your mother by your sister to the authorities. They don't look highly on abuse to children and older people! Just because she is deceased does not mean that something can't be done.

Laura
lauraeburnette,
Category: Legal
Satisfied Customers: 2
Experience: 
lauraeburnette and 10 other Legal Specialists are ready to help you
Expert:  The Mystic Wave replied 12 years ago.

Greetings:


I'm very sorry for your mother's passing - and for your situation.


I am a legal secretary/paralegal with 28 years experience in the State of California. The legal approach to sealed records must be ordered by the Court.


As far as your believing that your sister was involved, this is a strong accusation, however, if you do suspect that she abused your mother, this is a matter for the district attorney, in your State, to investigate - thus, if found to be correct, it then becomes a criminal case, your sister can be arrested and charged. If you truly feel that she is involved, you are obligated to report it to the authorities, withholding evidence is illegal. Let the proper authorities investigate. If you wish to pursue the matter, but do not wish to consult with the district attorney due to lack of sufficient evidence, then it is suggested that you consult with a private attorney, firstly a criminal attorney - otherwise, you may consult with one specializing in personal injury/wrongful death. As a rule, most attorneys do not charge for initial consultations. One would help direct you accordingly.


My very best to you.


Please take care.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

 
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
The Mystic Wave and 10 other Legal Specialists are ready to help you
Customer: replied 12 years ago.
and I will follow thru wih contacting in public records, thank you.
I did contact Adult Protective Servicesthen in turn called the local policeand they called me for more info. Because there was the financial exploitation before death it appeared my mother was practically destitute, so there went the motive. The file sat on the shelf for nearly 2 years, even when I had an expert document examiner determine the POA ( that I didn't even know existed until 22 mos. after death) was forged. I wanted to file a forgery report, yet the file still sat on shelf and nothing was done until 10 mos. later when I wrote a letter to the Chief of Police, he put "head of detectives" on it, my sister was asked to go down to the P.D., and she showed up with her attorney. I wasn't told all that transpired except the det. didn't think anything was amiss.   This is a small town and my sisters husband is popular at the firehouse. I did write a letter to the Attorney General,he wrote me back and enclosed a copy of letter he sent to the D.A. stating this was in his jurisdiction for him to look into it and take appropiate steps, I never heard from the D.A. Do you think I should contact him?
I know my allegations are strong ones and the evidence circumstantial but it's strong circumstantial evidence.
1) My mother was taken to 9 different doctor in a time span of 6 months. Halfway into the six months one doctor stated she was in excellent health and he ave a Rx for clebrex and vicadin, another doctor gave a Rx for morphine, I could not get what was given to her by the others because I was not the "trustee", but I am assuming she was given additional pain relief medications. She was taken to a hospital due to intestinal rupture, meaning her insides exploded, that was 4 mos, after being declared in perfect health and 54 days before death, 54 days of screaming her brains out in agoney for the pain she was suffering, appartantly no amount of medication would relieve it. She finally passed . I was told it was her wish to be cremated, I had never heard her say that, but again was told it was in her will, something I had not seen yet. She was cremated immediately after death. Her only complaint was arthritus, my sister is a nurse, this is not sibling rivalry on my part as the police insinuated,there is nine yrs. difference in age my sister being the eldest.
Motive..nearly 2 million. Being the other daughter can I get bank statements of my mothers? My sister has taken considerable time planning this and I admit she has done a brilliant job in deceiving everyone but there must be something she overlooked, I would like to rid myself o the guilt I carry in my heart for recognizing red flags as they came up, so I will not give up i my search.

Customer: replied 12 years ago.
I have tried the chain of command, she I go ahead and contact the D.A.?
Customer: replied 12 years ago.
What should my next step be?
Customer: replied 12 years ago.
It was after m mothers death when I realized what had appened to her, yes there were red flags up but I did not recognize them, and the guilt lays heavy in my heart.
When I realized what had happened I contacted National Elder Abuse,they contact APS they contacted the local police, they contacted me. They could see no motive because she was financially exploited before death, so at the time of death it appeared she was practically destitue. Is it possible for me to et copies of her bank statements?
I was told my facts were circumstantial, but I think the following actions that had been taken by my sister should be looked into more deepl such as, my mother was taken to nine different doctors with a total of 14 visits in a six month period. Her regular doctor se was in excellen health prescribed celebrex and vicadin for he arthritus, same month another doctor Rx morphine, I assume the others gave her some kind of pain medication but because I am just "the other" daughter and not the Trstee I could get no ther info. My sister is a nurse. A documentent examiner dertermed the signature on the POA was forged, I call the P.D. and wanted to file a forgery report, nothing was done. The file sat on the shelf for additional 8 months, when I then wrote to the Police Chief, he turned it over to the "head of detectives", he called me, my sister had been asked to come down to the P.D., and she showed up with her attorney,
I don't know what was asked but on the return call I was told he found nothing amis. (My brother-n-law is very popular at the local firehouse and I stated this in my letter to the chief.) Anyway I was told if I got any additional info to call other than that he wouldn't be calling me.
Prior to writing the Chief I had written to the Attorney General, I received a letter from him with a copy of a letter he sent to the D.A. stating that this was in his jurisdiction, to look into it and take appropiate action. I never heard from the D.A., because I thought I should go thru the "chain of command" which I did. I haven't been informed if the case is closed or still sitting on a shelf. Do I have the right to contact the D.A.?
Customer: replied 12 years ago.
Would it help to ontact the D.A. directly?
Customer: replied 12 years ago.
I already posted a comment, I don;t know what to do here.
Expert:  The Mystic Wave replied 12 years ago.

Greetings:


I wish to thank you very much for accepting my response and for your generosity, it's greatly appreciated.


My heart truly goes out to you concerning your situation.


I suggest that you contact the D.A. to get the status on the investigation. Once you do that, if you would, please get back in touch with me so I can direct you further in this matter. 


As far as obtaining your mother's bank records, I truly believe that it would not be practical to do so at this time. However, since you feel quite adament about possible foul play, it just may be that you will need to consult with an attorney and should you need to have the bank records in the near future, it would be in your best interest to have the attorney subpoena the records - but I do suggest that you first obtain the status from the D.A., and we can take it from there.


I do understand how horrible this situation is for you, but please know that it will all work out.


Thank you again.


I look forward to hearing from you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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