my son filed for visitation with his son. Her lawyer obtained his past medical records after he denied consent to release that infomration. She made up a subpoena and got the records anyway. Can she do that?
2006-09-27 07:37:42 · 14 answers · asked by mad mother 1 in Politics & Government ➔ Law & Ethics
The answer is MAYBE. HIPPA is pretty clear that medical information is not to be released without proper consent, but a subpoena is a Court Order that says that the recipient must comply or face penalties.
There is conflicting case law on which is more powerful. Some jurisdictions say no records without consent, and other say, comply with the subpoena or else.
The bottom line is, the opposing attorney may have improperly obtained the records, but the lawyer could presumably ask the court to compel him to give authorization to obtain the records and she would probably have gotten them anyway.
2006-09-27 09:03:46 · answer #1 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
lawyers don't make subpoenas. Lawyers get subpoenas from judges. Similar to search warrants. Maybe the Dad's medical records have some important info in the visitation matter.
If the lawyer got a subpoena it is legal. The Dad can see if his own lawyer can have the inof "quashed" meaning kept secret to the court proceedings.
I hope the court does what is best for the child.
2006-09-27 07:43:33 · answer #2 · answered by Anthony M 6 · 1⤊ 1⤋
Yes a Judge may sign a subpoena or order to get medical records if it is needed for the case.
2006-09-27 07:47:23 · answer #3 · answered by vihlee 4 · 0⤊ 1⤋
absolutely. anytime any information is not given with consent, all a lawyer has to do is file a subpeona, get a judge's signature and whala! you have the medical records. of course the judge will only sign it if pertains to the case or there is reason to believe there is information being withheld in those medical records.
2006-09-27 07:50:47 · answer #4 · answered by Bella 5 · 0⤊ 1⤋
Yes it's legal if there was a subpoena. Judges sign off on subpoena's, it's not just something a lawyer makes up.
My ex did that to his ex wife.
2006-09-27 07:46:53 · answer #5 · answered by tikitiki 7 · 0⤊ 1⤋
Yep. The attorney has to file a "subpoena duces tecum" with the court to get the records released.
2006-09-27 07:44:01 · answer #6 · answered by jillette 4 · 1⤊ 1⤋
Unless your son agreed to it they should not have been released if you live in US. They belong to him and his health care provider and no one has the right to view them without consent except in special cases. And that is only if your son was unable to speak for himself. Also a judge could order it if your grandsons welfare is affected.
2006-09-27 07:47:11 · answer #7 · answered by mnwomen 7 · 1⤊ 1⤋
you do have the final to have your scientific information no count if or no longer you have paid them. right that is from wikipedia, and it states that your scientific information are owned by ability of you(in case you reside interior the U. S.). contained in america, the documents interior the scientific checklist belongs to the affected person, while the actual type the documents takes belongs to the entity in charge for preserving the checklist.[citation necessary] for this reason, sufferers have the final to substantiate that the learning contained of their checklist is precise. sufferers can petition their wellness care provider to therapy factually incorrect training of their information. interior the united kingdom, possession of the NHS's scientific information belong to the dept of wellness,[a million] and that is taken by ability of a few to propose copyright additionally belongs to the government.[2]
2016-10-18 02:06:24 · answer #8 · answered by ? 4 · 0⤊ 0⤋
If there was a reason and the other lawyer did a subpeona - I don't know it might have been what the doctor had to do.
Have him call his attorney and ask.
Why wouldn't he just release them anyway?
2006-09-27 07:43:34 · answer #9 · answered by Anonymous · 0⤊ 2⤋
To your own lawyer yes, to counsel opposite no. Its called patient-doctor privaledge. The opposite counsel can't even get such doucments if he asked for them during discoveries!
Its one of the Rules of Evidence.
2006-09-27 07:41:25 · answer #10 · answered by Masterwooten 2 · 0⤊ 3⤋