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How does a lawyer get access to a clients medical paperwork

 
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  • Answered by:lwpat
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Customer Question

How does a lawyer get access to a client's medical paperwork from a hospital for a med malpractice case in NY?

 

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State/Country relating to question: New York

Submitted: 290 days and 10 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED
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Expert:  lwpat replied 290 days and 10 hours ago.

Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

Assuming that a lawsuit has actually been filed, the attorney can subpoena the information. If the lawsuit has not been filed, then the client can make a demand for all of their medical records. The hospital has to provide the client with the files. Does that answer your question?

Customer replied 290 days and 8 hours ago.

Can I write an affidavit allowing my attorney to have access to my medical files which he can use to demand such files from the hospital?

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Expert:  lwpat replied 290 days and 3 hours ago.

Yes you can. You can give the attorney your "power of attorney" by way of a HIPPA release form and that can be used to obtain the records.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.5 %
Accepts: 258
Answered: 6/29/2012

Experience: Practicing attorney with expertise in trucking accidents

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