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How does a lawyer get access to a client's medical paperwork from a hospital for a med malpractice case in NY?
Optional Information: State/Country relating to question: New York
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?
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?
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.
Experience: Practicing attorney with expertise in trucking accidents