How does a lawyer get access to a client's medical paperwork from a hospital for a med malpractice case in NY?
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.
Practicing attorney with expertise in trucking accidents
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).