Please Help ME !!!

[Cadna]

My grandmother recently died from Diverticoulitous. She was 79 years old. She suffered for 4-5 months with a diarhea. Her primary physician only sent her for several blood test. The blood test were fine. He didn't recommend that she have an MRI or a Sonogram. He recommended her to take something for her diarhea. We took her to the ER room one night because she looked so pale. They were going to send her home until my mom demanded an X-ray. Then they told us that her bowel colon perferated.

Before my grandmother died, Her primary physician office refused to hand over her medical file because they claimed to my mother that she didn't have a power of attorney.

My mother has handled all her financial and medical needs. Now that my grandmother is dead, do we need a lawyer in order to get her medical files from her Physician? We want to sue for negligence. If they had ordered an MRI or a sonogram, she might still be alive today. They would have found the root of her problem. Now its too late.

-- Note: Our location ..state of NY
-- she had Empire Medicare plan.

1) Can we sue for Negligence?
2) How can we get her medical files?

and thank you so much for your advice

 

[vrzirn]

Sorry about your gram, but----
Might be alive, might not be alive. YOU have to PROVE that they were negligent and that is absolutely why she died. Based on what you have written that is going to be might tough to do. An exhaustive review of her medical records will be necessary and lots of subpoenas for records. Many depositions.
Also high-priced expert witnesses.Very, very expensive. I really do not see you have much of a case here;this case on a contingency basis may not be worth the timeof a good malpractice lawyer.
By the way, did you have an autopsy to determine her cause of death?

 

[Cadna]

Malpractice question.

Thank you so much "Vrzin" for responding to my posting.
--in response to your last question; im not sure if an autopsy was performed to determine her cause of death.

--But...can our family pursue a lawsuit for MEDICAL NEGLIGENCE.
--I'm referring to her primary physician who sent her home everytime my mother took her there complaining of stomach pains.

--I feel if the physician had administered an MRI. We would of caught the problem at an earlier stage?

Any advice????