Medical Malpractice Misunderstanding

Summary

Melinas mother died a day after being discharged from a hospital in Oregon. Melina suspects medical malpractice and has been trying to obtain her mothers medical records from the hospital for two years without success. She has contacted various legal aid organizations and attorneys but has not received the help she needs. She also suspects her sister-in-law of fraudulently using her signature on documents related to her mothers death. She is considering taking the matter to probate court.

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Male practice
I'm sorry to hear that, ****. Could you please provide more details about the malpractice incident?
My mom was seen at a hospital .my. Mom was seeking help for her diabetes being in pain .well they release her from the hospital with and she died the next day
I'm sorry for your loss, ****. Did the hospital provide any reason for discharging your mom despite her pain?
They did not specify the reason .
I'm sorry to hear about your loss, ****. Did you request for your mom's medical records from the hospital?
I did .they stated to me.i need a attorney present to have them be realeased I still have not received them ,it's been * yrs .
What state are you in, ****? The rules for obtaining medical records vary by state.
Oregon
In Oregon, you have the right to access medical records. Did you submit a written request to the hospital for your mom's medical records?
I did
In Oregon, the law allows hospitals to charge a reasonable fee for copies of medical records. Did the hospital mention any fees when you requested the records?
No
In Oregon, if a hospital refuses to provide medical records, you can file a complaint with the Oregon Health Authority. Their contact is *-*-*.
I have done that aswell.i have been getting the run around
What was the response from the Oregon Health Authority when you filed the complaint?
I have left multiple voicemails no one has returned my calls
I'm sorry to hear about your experience. Have you considered seeking legal representation to help expedite the process?
I have had no luck with this I'm just seeking help for my mother
I'm sorry to hear about your situation. Have you tried contacting a local legal aid organization for assistance? They might be able to help you navigate this process.
Yes ,I have
What was the response from the local legal aid organization when you sought their assistance?
I was guided to a lower he was able to help ,but wants *,* from me witch I don't have
Have you considered reaching out to pro bono legal services or law schools with legal clinics in Oregon? They often provide free or low-cost legal assistance.
I had no idea regards to that
Have you tried contacting the Oregon State Bar's Pro Bono Program? They might be able to provide free legal assistance. Their contact number is *-*-*.
I have and they want to charge me 35dollars for a consultation
I'm sorry to hear about your situation. Have you tried reaching out to other pro bono services or law schools with legal clinics in your area?
No
Have you considered reaching out to the Lewis & Clark Law School's legal clinic? They might be able to provide free legal assistance. Their contact number is *-*-*.
Do you think if I go to the probate court and get a executor form and get it stamped by the judge to receive my mom's medical records would be the best route. My sister-in-law personated me regards to the documents for my mom's death.
Did you report your sister-in-law's impersonation to the police? In Oregon, identity theft is a crime and can be reported to local law enforcement.
So do you think in your opinion I should take this to probate Court to receive my mom's medical records.and to find out my sister in-law has sign a autopsy paper without my consent knowledge she has received my mom's assets etc.
What state are you currently residing in? This will help me provide the most accurate information regarding probate court procedures.
Oregon
What is your relationship with your mother? Were you named as an executor in her will?
I'm her daughter baby of my siblings
What is the current status of your mother's will?
I don't know I have called social security day as well stated I need to speak to an attorney or having present as well with her doctor's office which on next I ki n I was her caregiver
What is the current status of your mother's estate? Have any steps been taken towards probate yet?
No not yes ,I'm going to call to see what information I can get With her estate I have no idea
Have you been able to locate your mother's will? It's crucial to find this document as it can guide the probate process.
To my knowledge with my mom's will or assets I have no idea
What specific information are you looking for regarding your mom's will or assets?
I'm not looking specifically for her assets or will I'm trying to receive my mom's medical records but what I found out is my sister-in-law has been fraudulently using my signature for records and my mom's death
What evidence do you have of your sister-in-law's fraudulent activities?
When I was at the hospital I did not receive no paperwork regards to an autopsy that I had requested the lady that I spoke to stated that I already filled it out and signed it which I never had done
Did you report this fraudulent activity to the hospital or any legal authority?
Yes I did and they told me that I was incoherent and I was sedated with alcohol and told me I don't remember
What actions have you taken since then to rectify this situation?
I have not taken any because of what I went through I had a breakdown
What steps have you taken to recover from your breakdown and are you now ready to pursue this matter legally?
Yes I have gathered all my sense s
What state are you currently residing in? This will help me provide you with the most accurate information regarding your legal rights and options.
Oregon
What steps have you taken so far to obtain your mom's medical records?
I have emailed the hospital I have left multiple voicemails I have been a numerous times I have not received anything just besides I have to have an attorney present I'm just thinking my mom's medical records
What is the name of the hospital you're trying to get the records from? In Oregon, you have the right to access medical records as a representative of the deceased.
Meridian park hospital
What is the nature of the medical records you are trying to obtain from Meridian Park Hospital?

Meridian Park Hospital's contact details:
Address: * SW 65th Ave, Tualatin, OR *, United States
Phone: +* *-*-*
I'm trying to obtain my mom's medical records to let me know what they have done within the autopsy blood work and medication that they did give her she was there to be seen for her diabetes because her stomach wasn't chronic pain as soon as she was released I had picked her up and she said if she was really hungry I have done my research I have obtained the crisis of being a diabetic type * and I know they're hiding something regards to my mom's death
Have you filed a formal request for your mom's medical records with Meridian Park Hospital? In Oregon, you have the right to access medical records as a representative of the deceased.
What is a formal request
A formal request is a written document asking for something, in your case, your mom's medical records. It should include your details, your mom's details, and specify the records you need.
Do you mean an application for my mom's medical records
Yes, an application can be considered a formal request. Have you submitted such an application to Meridian Park Hospital for your mom's medical records?
Yes I did do that I do have a copy when I sent it
What was the hospital's response after you submitted the formal request for your mom's medical records?
They told me that it was not ready within the timely matter I waited almost 2 months when my mom's medical records they gave me * pages that had writing on it and the rest of the five pages were blank I had asked for the blood work the CAT scan images and the medications that they have provided
What actions did the hospital take when you reported the incomplete medical records?

In Oregon, hospitals are required to provide complete medical records within 30 days of a formal request.
They told me that they don't have medical records there anymore from one person that I spoke to when I called the previous week they stated that I had to have an attorney present I asked why they said they could not release any information
What steps have you taken to involve an attorney in this matter?
I have called every attorney from pro bono to legal aid to the State bar and I have not gone anywhere
What was the response from the attorneys you contacted?
They can't help me you're too busy before or I need to pay them money
Have you considered reaching out to legal clinics or law schools in Oregon? They often provide free or low-cost legal services.
Yes I have
What was the response from the legal clinics or law schools you reached out to in Oregon?
They're giving me negativity response saying that my situation is not male practice they can't help me
they're stating that they cannot help me due to the situation and circumstances that my mom went through they stated that I need to get an attorney present
What specific legal advice or assistance are you seeking from an attorney?
I just want to receive my mom's medical records I would like closure I would like to know why my mom died I would like to know why they release her from the hospital
Have you considered filing a complaint with the Oregon Medical Board or the Department of Health regarding the hospital's refusal to release your mom's complete medical records?
What I recall I don't believe so but I will be doing that today
What is the name of the person who has been fraudulently using your signature? This could be considered identity theft, which is a serious crime.
She got married to my brother what I believe or recall her last name would be Gonzalez jill Gonzalez
Have you reported Jill Gonzalez's fraudulent activities to the police or any legal authority?
No I have not reason being is because like I stated I just went to my mom's paperwork from the previous hospital that she was at to the hospital that she died
What evidence do you have of Jill Gonzalez's fraudulent activities?
At the moment I only have an autopsy paper and like I stated I will be calling the probate court to see if she had filled any paperwork using my name from my mother's death
What information does the autopsy paper provide that leads you to believe Jill Gonzalez has been using your signature fraudulently?
Because when I spoke to the hospital they stated that I did not need an autopsy I asked him why they said my mom died from natural causes I told them my mom came from a hospital and was released due to stomach. I demanded an autopsy especially the fact that my mom was in chronic pain and being type * diabetic the lady that I spoke to at St Vincent's so the doctor will not do that and will not recommend that or nor help me with that that was not needed jill already signed it
Did you manage to get a copy of the document that Jill allegedly signed on your behalf?
Yes I have that with me
What does the document that Jill allegedly signed on your behalf say?
It's the application that they give out for if you have a choice to give an autopsy to a family member or nor a loved one
Did you give Jill Gonzalez permission to sign the autopsy application on your behalf?
No I did not
What steps have you taken since discovering Jill Gonzalez fraudulently used your signature?
None at the moment like I said I'm trying to receive my mom's medical records I don't know which direction to go or which route to take I'm trying to go to probate courts and Portland Oregon and the matter my Mom's behalf and would like to discuss about the autopsy as well
What is the name of the probate court in Portland, Oregon you are planning to approach?
Mark Hatfield courthouse Portland Oregon
What specific issues or questions do you plan to bring up at the Mark Hatfield Courthouse?

Mark O. Hatfield United States Courthouse:
Address: * SW 3rd Ave, Portland, OR *
Phone: +* *-*-*
What doctor gave Jill authorization to sign on her behalf on the autopsy paper
Do you have any information about the doctor who allegedly authorized Jill to sign the autopsy paper?
If you can please specify what you mean by information on my mom's death certificate it states the doctor that signed off on the autopsy stated wasn't needed
What is the name of the doctor mentioned on your mom's death certificate?
I have the information on my mom's death certificate I don't have that with me at this moment
Could you provide the doctor's name once you have access to the death certificate? This information could be crucial in your case.
May I ask why
Knowing the doctor's name can help in investigating the alleged fraudulent activities and in understanding the circumstances surrounding your mother's death.
How will that do anything
Knowing the doctor's name can help you file a more detailed complaint to the medical board or legal authorities. It can also assist in any potential legal proceedings.
Sometimes confused we're talking about the autopsy and a few minutes ago we were talking about the medical records again which route should I take what should I do what do I need to do and what should I ask
You should consider reporting the fraudulent activities to the police and filing a complaint with the Oregon Medical Board about the hospital's refusal to release complete medical records.
You don't think it'll be too late even though this occurred 2 years ago
You don't think it would be pointless because it's been 2 years ago
It's been 2yrs
It's been 2yrs since my mom passed away and I'm finding this out now will I get anywhere with doing a fraudulent report
In Oregon, there's no statute of limitations for fraud. You can still report the fraudulent activities to the police and take legal action.
Ok so once I do that what next
What is the next step
What should I bring for a probate court
Could you please specify the state you're in? Different states may have different requirements for probate court.
Oregon
For Oregon probate court, you generally need:

- The original will (if one exists)
- Death certificate
- List of assets and their value
- List of heirs and beneficiaries

Please contact your local probate court for specific requirements.
What if she doesn't have any assets or any beneficiary
If there are no assets or beneficiaries, probate may not be necessary. However, it's best to consult with a local probate court. In Oregon, you can contact Multnomah County Probate Court at (*) *-*.
Will they charge me to speak to me
Most courts offer free initial consultations, but it's best to ask Multnomah County Probate Court directly at (*) *-*.
Ok .
Is there anything else you would like to know about the probate process or any other legal matter?
What are the qualifications of my sister-in-law or documents that she needed to receive for my Mom's behalf to receive any money from social security
Is your sister-in-law appointed as a representative payee by the Social Security Administration (SSA)?

General Information:
- SSA usually requires a representative payee for beneficiaries who can't manage funds.
- The payee must keep records and report changes affecting eligibility.
No she's not and how would I know that
You can verify if your sister-in-law is appointed as a representative payee by contacting the Social Security Administration directly at *-*-*-*.
How was she able to receive to be a representative payee what do you have to do to be or to get that
To become a representative payee, one must apply through the Social Security Administration (SSA). They will evaluate the applicant's suitability for the role.
What does she need to apply exactly or what does it specify on the application
To apply as a representative payee, she would need:

- The beneficiary's Social Security number
- Her personal information (ID, SSN)
- Proof of relationship to the beneficiary

Please contact SSA at *-*-*-* for specific requirements.
Is she able to do that ,even tho I'm next to kin
Yes, being next of kin doesn't automatically make you the representative payee. The Social Security Administration makes that decision based on what's best for the beneficiary.
Don't I have a say so because I'm her daughter and the youngest
As a daughter, you can express your concerns to the Social Security Administration. However, the final decision is made by the SSA based on the beneficiary's best interest.
So if she makes the decision,don't I get a say so
You can certainly voice your concerns to the SSA. However, the final decision on the representative payee is made by the SSA, not by family members.
I did not receive nothing for a check
Are you referring to a Social Security check that you were expecting but did not receive?
Yes
Have you contacted the Social Security Administration regarding the missing check?
Yes .they stated a attorney has to be present
What is the reason they provided for needing an attorney present?
When I asked them regards to my mom's check they stated they sent them out to her kids I told her I never received nothing.she aswell said I just spoke to you a few days ago I told her no that was not me .well that is when she said attorney has to be present
I told her I have not received nothing. The receptionist said she just spoke to me I told her you didn't speak to me cuz my first time calling she stated that the checks have been sent out to Lydia Diane going to be this my mother's behind to her children I told her I have not received anything she said is this jlll I said no her daughter **** .sorry she said I can't help you
It seems there's a misunderstanding with the SSA. Have you considered getting legal representation to help clarify this issue?
No