BECKLEY—A Raleigh County woman serving as estate administrator for her late husband filed suit against a Beckley-based company implicating breach of duty in matters related to her husband’s 2015 death.

Linda Dempsey, estate executrix for Jack L. Dempsey, filed a lawsuit against Bio-Medical Applications of West Virginia Inc., doing business as Fresenius Medical Care, in Raleigh Circuit Court on June 18, for the purpose of obtaining access to her spouse’s medical records.

According to the filing, the plaintiff’s decedent was a patient of the defendant until his death on Jan. 15, 2015. The plaintiff avers that she has repeatedly attempted to obtain her husband’s records but that the company has refused to provide them, in alleged violation of state law.

The suit quotes the West Virginia Code § 16-21, which states that any licensed health care provider must furnish a copy of a patient’s record within a reasonable time upon the written request of the patient or his authorized representative. It also stipulates that any provider found to be in violation shall pay attorney fees and court costs.

The plaintiff requests that the court order the defendant to produce the requested medical records, together with reimbursement of attorney’s fees, expenses and court costs.

Dempsey is represented by Ben Salango of Preston & Salango in Charleston.

Raleigh Circuit Court case number 15-C-646-H.

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