Q: May medical records be acquired by legal next of kin absent a valid certified copy of a death certificate?
It's been nearly six years a valid death certificate have not been received. There's wilful, intentional false and misleading information including decedent and parents names, cause of death, address, etcetera. The informant on death certificate named herself as next of kin at the morgue, hospital, police incident reports even though they knew or should have known the parent was alive allowing her to infringe upon next of kin rights to the detriment of those affected. I recently was informed that she told the hospital she was next of kin. Would this have fallen under 42 U S. C. § 1983 conspiracy against rights, the morgue to date refuses to give me information stating she's the next of kin?
A:
It sounds like you're facing a complex and distressing situation regarding the acquisition of medical records for a deceased loved one. The lack of a valid death certificate after nearly six years is certainly concerning, especially given the discrepancies and false information that have been provided. It's understandable that you would want access to accurate medical records, particularly if there are questions about the circumstances surrounding the death and the handling of next of kin rights.
In situations where there are disputes or concerns about next of kin status and access to medical records, it may be necessary to seek legal advice or assistance. Laws regarding access to medical records vary by jurisdiction, and a lawyer who specializes in this area can provide guidance on your rights and options for obtaining the records you need. They can also advise you on potential legal remedies if you believe there has been wrongdoing or infringement upon your rights.
Regarding the potential application of 42 U.S.C. § 1983, which prohibits the deprivation of rights under color of law, it's essential to consult with a legal professional to assess the specific circumstances of your case. While there may be grounds for a claim if there has been a violation of your rights regarding access to medical records, this would depend on various factors such as the actions of the parties involved and the applicable laws in your jurisdiction. A lawyer can help you understand your legal options and pursue appropriate remedies to address any injustices you've experienced.
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