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.
Wrongful Death Information Center | Phoenix, Arizona Lawyers
Our law firm focuses entirely on personal injury and wrongful death claims. We help survivors whose loved ones have been wrongfully killed because of a product defect, a car accident, motorcycle accident, semi-tractor trailer accident or a drunk driving accident, an attack on improperly secured premises, or any other negligent or intentional action that cut short your loved one's life.
To learn more about your legal rights, accident injury law and how we can assist you in seeking justice, please call to schedule a free initial consultation with one of our experienced personal injury lawyers: 602-285-4450. E-mail us.
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If you are uncertain what your legal rights are or even what a wrongful death lawsuit is, you are not alone. Many people turn to us to help them understand just exactly what it means to file a wrongful death claim.
Our law firm offers free initial consultations to help you understand your legal rights and help you determine the action that is right for you to take.
Please call 602-285-4450 or e-mail our Phoenix, Arizona, law firm.
When Tragedy Strikes, Our Law Firm Is Here
The law office of Stark Williamson & Clausen LLP represents clients who have lost loved ones in wrongful death legal claims on a contingency basis. This means that we charge no attorney's fee unless we win compensation on your behalf. This is how most personal injury and wrongful death lawyers work. Please call to schedule your free initial consultation today: 602-285-4450 or e-mail.
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 Stark, Williamson & Clausen LLP in Phoenix, Arizona.
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 Stark, Williamson & Clausen LLP in Phoenix, Arizona, can offer advice on how to proceed.
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