release of medical records
Posted: 11 June 2008 07:33 PM  
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My partner passed away in February 2005 and I have been fighting for the release of his medical records. My gestoria in spain recommended that I find two witnesses to sign a declaration in front of a notary to say that he actually was my partner and lived with me in Spain. This was presented to the Hospital and rejected - no explanation given.
The problem is that while I was registered at the local town hall in Peniscola where we bought our apartment he was not. We have lived together for over twenty years.

My MP has contacted the Spanish Embassy in London who were unresponsive, the Embassy in Alicante who again were unhelpful and finally the British Embassy in Madrid which to date we have received no reply.

I have 4 years in which to pursue the Hospital responsible for his death (my partner was released after four hours and died in the hospital car park) and I am now running out of time.

I would be grateful for anyone who can offer me some advice.

Thank you for reading my story. Iris

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Posted: 11 June 2008 08:35 PM   [ # 1 ]  
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iris welcome to the forum , and very sorry to hear off you loss , would you any paper worrk that say you where living together , I,e, backs bills and so ?
you say your from Uk what about any one form there ?

jurdy

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Posted: 11 June 2008 10:18 PM   [ # 2 ]  
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many thanks for your reply. The property in Spain was in joint names as were the bank accounts, mortgage, utilities etc. Apparently this proves nothing. I am the sole executor and beneficiary of his will but this is not valid in Spain. We lived at three different properties in London in joint names and had two endowment policies in joint name. The Hospital has been placing obstacles in my path according to my Solicitor and are very reluctant to help in any way.
Thanks for your response. Iris

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Posted: 17 June 2008 10:29 AM   [ # 3 ]  
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Dear Iris,
I hope you make some headway on this - as it sounds very important for you to get the hospital to review the matter.
I am not able to offer any practical advice - as the Spanish Legal system is a bit of a minefield - as you have already experienced.  I hope your solicitor is doing all they can and you are satisfied that they are trying their best.  There is a member here called ‘SpanishLawyer’ (based Alicante way?.. who has been helpful on general matters for me/other members.  I also had to consult a lawyer recently and DaCotta/Santa Fe in Mijas Costa were very on the ball). 
I wish you well in your endeavours.  What a horrible thing to happen - and I can understand why you want to pursue the matter.
Regards, Susan

PS - If you are (still) registered at your local Social Security Medical Centre - there should be a ‘Trabajadora Social’ (basically a social worker who is a medical/admin person and totally au-fait with the medical system) - and her/his advice is FREE - Just make an appointment at the desk where you would usually make a dr’s app.  I went and even though I was no longer entitled to any state medical treatment (as I lost my job and it is too expensive to make voluntary payments) - she is there to help. 
Good luck.

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Posted: 17 June 2008 06:51 PM   [ # 4 ]  
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Dear Susan,

Many thanks for taking the time and trouble to reply - it really is much appreciated. I have emailed SpanishLawyer and am awaiting a reply. I have been advised to lodge a Denuncia which is a formal complaint and my Legal representative is looking into it. Unfortunately I am now living in London and have been since my partners death which makes things more difficult.

Thnaks again for your help . Best wishes Iris

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Posted: 17 June 2008 08:37 PM   [ # 5 ]  
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iris will ask more about this to my SpanishLawyer freind and see can he help out there , i take it you going to take action again the Hospital for there problem s
jurdy

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Posted: 17 June 2008 08:50 PM   [ # 6 ]  
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Dear Jurdy,

Many thanks for your email. Yes, I intend to sue the Hospital for medical negligence but have been advised that to do so I need the medical records to go to court. I would really appreciate any help you can offer.

Thanks again Iris

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