M
mrstt45
Guest
What is the name of your state? oklahoma
my mother wa diagnosised with gallbladder problems, but her signs and symptons indicated something else. Being a nurse i went with my mother on Dr. visits and we requested her pcp refer her to a GI dr. because there is a hx of colon/stomach cancer in her family. This went on for several months, without the referrel. Well my mother died about 6 months later of stomach/colon cancer. The PCP discharged her as a patient for "non-compliance" because she wanted a second opinion before consenting to surgery for removal of the gallbladder. My problem is due to our state law uless someone else reads medical records and say we have a case of misdiagnosis we cant go to court. The Dr.s will not release the records to us without probating her estate,for a heffty fee and i can't afford it she only had a half acre of land. Being a natural child i thought i was intitle to these records especially since she put me down as a person to release information to. They are claiming Hipaa, is there a grandfather clause to this, she died in 2001 before hipaa. I filed and got the year extention to refile my case i did it myself pro se but i have less than three weeks to get it refiled but without he records i can't proceed and due tho the cost and time no lawyer will help unless i got records. Help!!!!!
my mother wa diagnosised with gallbladder problems, but her signs and symptons indicated something else. Being a nurse i went with my mother on Dr. visits and we requested her pcp refer her to a GI dr. because there is a hx of colon/stomach cancer in her family. This went on for several months, without the referrel. Well my mother died about 6 months later of stomach/colon cancer. The PCP discharged her as a patient for "non-compliance" because she wanted a second opinion before consenting to surgery for removal of the gallbladder. My problem is due to our state law uless someone else reads medical records and say we have a case of misdiagnosis we cant go to court. The Dr.s will not release the records to us without probating her estate,for a heffty fee and i can't afford it she only had a half acre of land. Being a natural child i thought i was intitle to these records especially since she put me down as a person to release information to. They are claiming Hipaa, is there a grandfather clause to this, she died in 2001 before hipaa. I filed and got the year extention to refile my case i did it myself pro se but i have less than three weeks to get it refiled but without he records i can't proceed and due tho the cost and time no lawyer will help unless i got records. Help!!!!!