Each state has its own time limit for bringing a legal action for wrongful death. Do not delay. Contact our firm today to schedule a consultation with an attorney.
New York Wrongful Death Attorney
Families who suffer the loss of a loved one in an accident or due to another party's negligence deserve justice, accountability and closure. At the Perecman Law Firm, our attorneys have decades of experience handling wrongful death and other personal injury cases throughout the Bronx, Queens, Brooklyn, Manhattan, Staten Island and the surrounding areas of New York.
Learn more information below about wrongful death lawsuits and the benefits that families may be eligible to receive. Contact us to schedule a free consultation and talk with a lawyer about your accident.
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No amount of money will bring back a loved one who has been lost in an accident. A wrongful death lawsuit, however, may be able to pay for necessary medical care, lost wages and other expenses. Learn more by talking with an experienced attorney at the Perecman Law Firm.
If someone you love has been killed in a fatal accident, contact the Perecman Law Firm as soon as possible to schedule a free initial consultation. Call our office toll free at 718-WORKERS (888-997-2354). Get the skilled representation you need, and the answers you deserve.
The Physician-Patient Privilege in Wrongful Death Cases
The physician-patient privilege is designed to help each patient feel free to tell the doctor the whole truth about what the patient is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient passes away, however, what happens to the privilege?
If you want to take legal action because your loved one suffered a wrongful death, you may have questions about the privacy of the medical records involved. For more information on physician-patient privilege, speak with an experienced attorney from The Perecman Firm, P.L.L.C. in New York, New York.
Doctor-Patient Privilege
Doctor-patient privilege is the patient's right to keep anything that the patient told the doctor in confidence, for the purpose of getting a diagnosis or treatment, from being disclosed in a legal proceeding. If the patient wants, he or she can give the doctor permission to disclose the information. In most legal proceedings in which the patient is suing the physician, the patient will want the medical records to be disclosed, but this is not always the case.
When the patient has passed away, especially in a wrongful death, the patient's family or representative may wish to present the medical records in court (or during settlement negotiations). These records could help the family prove its case — perhaps supporting an allegation that a doctor's treatment caused the patient's wrongful death, or showing how someone else's actions ultimately caused the patient's death.
This situation brings up the problem of who may stand in the patient's place to waive the physician-patient privilege.
Waiving the Privilege
The doctor-patient privilege does not automatically go away when a patient dies. As with most questions involving wrongful death, however, the laws on this issue vary from state to state. In the absence of the patient, the person who represents the deceased typically has the power to waive the physician-patient privilege; this may be the spouse, parent or child of the deceased. In some cases, the privilege may be waived because the plaintiff's lawsuit centers on the medical condition of the deceased, when the medical information is key to how the case will be decided.
Naturally, if your lawsuit includes allegations against a doctor or hospital, the defendant may be reluctant to release the necessary medical records. The laws of your state will have rules to deal with this situation, and having a lawyer in your corner can make the process move more smoothly.
Speak with an Attorney
An attorney who knows the laws of your state can guide you in your pursuit of justice for your loved one. The question of how to access and use medical records may seem daunting, but a lawyer from The Perecman Firm, P.L.L.C. in New York, New York, can offer advice on how to proceed.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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