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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need some advice please as im really upset; my mom passed

Customer Question

i need some advice please as im really upset; my mom passed away in hospital on 12th feb this year. i want to see a copy of her medical report as i'd like to know what time the family were notified that she was about to pass away. i was told at 6am that she was on her way out - i made it to hospital at 6.10am - i then discovered a few days later from another member of family that she died at 5.50am ! i,m so upset at this as i believe now that my brother lied to me and kept me away from my mom in her last few moments. could i see a copy of the medical report or is it only the next of kin who are allowed to see it. please help
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Did your mother leave a Will and if so who are named as Executors?

Customer: replied 1 year ago.
My mom did not leave a will she only had a bank account that has bern frozen now by her bank. She lived with her son but he put her in a care home against her wishes & she passed away in hospital
Expert:  Clare replied 1 year ago.

You are as much her next of kin as your brother was.

Technically the file will only be released to either the Executors of the Will - or the person who has applied for Letters of Administration.

You can try writing to the hospital and pointing out that you are entitled to apply for Letters of Administration but do not wish to have to do so and see if they will release it on that basis

I hope that this is of assistance please ask if you need further details

Customer: replied 1 year ago.
Just one last thing How could i word this to them please Clare. Should i tell them the details why im requesting this etc...not sure how to use the correct wording -sorry
Expert:  Clare replied 1 year ago.

I have made you an offer (site rules for extra services ) if you wish me to give you the outline

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
when will i get the draft please
Expert:  Clare replied 1 year ago.

Dear Sirs

Re: xxxxxxxx xxx

Date of Birth xxxxxx Date of Death xxxxx Hospital Number (if you know it)

I am the daughter of the above named who died in your hospital on xxxxx.

I wish to have a copy of the notes relating to her final stay in hospital with particular regard to at what time it became clear that the end was near.

I am aware that due to Data Protection laws such informtaion is only available to her Executors or Personal Representatives

My mother did not leave a Will and indeed her limited funds will not require a Grant of Letters of Administration

As her daughter I am entitled to make an applictaion for Letters of Administration - but I hope you will agree that this is not necessary

yours faithfully

Customer: replied 1 year ago.
thank you
Expert:  Clare replied 1 year ago.

You are most welcome

Customer: replied 1 year ago.
hi clare
i sent the letter of - but had a response as follows:Mrs Kaur,
Thank you for your email.
We would in fact require a copy of the Letters of Administration as evidence of your authority and your capacity as Personal Representative of the Estate, before being able to release any copy medical records to you.
I have attached our application form which you can complete and return once you are in position to provide the appropriate evidence.
Regards,
Conor Lees
Legal Services Officeri,m so disheartened now and don't know what to do - is there any other way forward for me
Customer: replied 1 year ago.
hi clare
can you help any further on this please as i haven;t heard back from you
Expert:  Clare replied 1 year ago.

I am afraid that you only have two options.

The first is to apply for the Letters of Administration

The second is to try and discuss your feelings with your brother

Customer: replied 1 year ago.
both are going to be difficult for me - I have broken all ties with the brother now as he's caused so much trouble and grief
just wondering - are solicitors allowed access to these records ? would mom's last gp be allowed access to these ?
Customer: replied 1 year ago.
hi clairecould you let me know ref my question above please so I can close this off now
Expert:  Clare replied 1 year ago.

I am afraid no one is able to access them and discuss them with you.