If someone is going through a divorce, can the soon to be ex husband subpoena you medical and pharmacy records? Can they subpoena your doctor? The couple live in the United States.
2006-09-14 06:36:08 · 14 answers · asked by little fairy lady 3 in Family & Relationships ➔ Marriage & Divorce
Pat, you are one reason woman do not like men. No, i am not gettting a divorce, even if i was, SO WHAT if i am asking. This is for a friend.
2006-09-14 06:50:17 · update #1
Thank you to all who take this seriously.
2006-09-14 06:54:49 · update #2
This website, though for doctors, seems to say that there are some records that can be turned over and some that cannot due to confidentiality and such. I suggest reading this website in more detail but remember that it is directed towards doctors.
The second site may have more of what you, personally, are looking for.
2006-09-14 06:42:08 · answer #1 · answered by Raj 2 · 0⤊ 0⤋
You never said what state you are in (nor the county), so it's impossible to give you a more precise answer. In Massachusetts: Under Massachusetts law, the medical records of a patient held by a DPH -licensed hospital or clinic are confidential. However, G.L. c. 111, § 70 permits such a hospital or clinic to release medical records pursuant to a subpoena if the records sought are of a party named in the underlying proceeding, as shown by the case caption appearing on the subpoena. The Privacy Standards, by contrast, permit disclosure of protected health information pursuant to a subpoena only after additional steps are taken. The more protective provisions of the Privacy Standards must be followed. Therefore, if a patient is a party to the proceeding as shown by the case caption appearing on the subpoena, hospitals and clinics now must, before releasing the information, receive "satisfactory assurances" from the person seeking the information that such person has made "reasonable efforts" to provide either notice to the patient or to obtain a qualified protective order. The second weblink is good for information with regards about an inexpensive way to get assistance in making sure the subpoena is in compliance with Massachusetts law.
2016-03-27 01:18:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depends on which state you live in. Divorce laws vary from state to state. In some states they can supoena medical,pharmacy and doctors records as well as have the doctor testify. There is no National law for divorce.
2006-09-14 06:38:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the reason your getting a divorce has something to do with your doctor, then yes. I reality they subpoena anyone.
2006-09-14 06:42:12 · answer #4 · answered by captianpr 4 · 0⤊ 0⤋
Medical information is Private....but a Judge can subpoena your records...A doctor will hold his oath to your privacy....
2006-09-14 06:39:54 · answer #5 · answered by celine8388 6 · 0⤊ 0⤋
My ex husband did mine. All of them Including the records from my therapist, and there suppose to be protected by law. Be careful
2006-09-14 06:39:30 · answer #6 · answered by loladoreen 3 · 0⤊ 0⤋
Only if there's a good reason to. In most divorces, medical evidence is irrelevant.
2006-09-14 06:37:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Nooooooo they cannot. HIPA act will not allow medical records and doctor-patient privliges to be broken. Also you can remove your own records from the hospital.
2006-09-14 06:38:42 · answer #8 · answered by mjustice2049 1 · 0⤊ 0⤋
Absolutely.
2006-09-14 06:38:58 · answer #9 · answered by stacilynn26 3 · 0⤊ 1⤋
well depends on if there is a good cause of susp. for some reason but your doctor cant say anything that you dont want him to!
2006-09-14 06:42:10 · answer #10 · answered by connys1976 3 · 0⤊ 0⤋