If a Hollywood actress sued a web site for saying that she had plastic surgery and it got to court, could the defendant subpoena her medical records to prove that she did in fact have "work done"?
2007-05-26 09:17:26 · 5 answers · asked by canucklehead1951 4 in Politics & Government ➔ Law & Ethics
Absolutely. Truth is a defense in a libel matter.
2007-05-26 09:54:45 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
If the records are the defendants she can simply sign an authorization to disclose medical records and receive them, if the doctors office refused to release she could simply get a aubpoena to accompany her signed authorization to disclose medical records to compel the dislosure to herself which she could then submit as evidence.
Anyone can motion the court for medical reords. The HIPAA regulations, 45 CFR Parts 160-164 do in fact allow for a party in a court case to motion the court for an order to disclose medical records, this happens all the time, hundreds of times a day, its no big deal. The judge will more than likely sign the order and the order is simply sent to the medical records department. The basis of this case is whether or not the person had any plastic surgery. So the only way to determine with any accuracy if this is true or not is to obtain the medical records. Now most importantly is that just because the order is signed it doesnt mean that the requesting party will ever get to see the records. The judge has the right to an "in camera" inspection of the record and because of the high profile of the case, can make a determination that the record is either relevant or not relevant and the judge may only disclose that portion of the record he or she finds relevant to the case, if anything at all.
The HIPAA regulations and other similiar regulations such as 42 CFR Part 2 and the Privacy Act of 1974 all have provisions for court orders for records. Each set of regulations has requirements that must be met, but it is very easy to meet requirements when you have "just cause". Your medical privacy isnt as private as its made out to be.
2007-05-27 09:56:15 · answer #2 · answered by winteraires 2 · 0⤊ 0⤋
Actually the question is not so simple. Medical records are priviledged and as such, most courts will not honor a request for subpoena except for impeachment purposes.
The question is one of fact for the court to answer based on the substance of the case.
2007-05-26 16:32:24 · answer #3 · answered by hexeliebe 6 · 1⤊ 0⤋
Possibly....if they had reasonable knowledge that she had plastic surgery...they have the right to ask non priviledged knowledge to prove or disporve their assertation....she is alleging they are lieng the ultimate proof will be a reasonable look in her medical records...They can't go on a fishing expedition to invade her privacy.,..but if they know where to look then it can be used...distinguish this from priviledged communications..ie conversations between doctor and patient.
2007-05-26 16:23:05 · answer #4 · answered by Dr. Luv 5 · 1⤊ 0⤋
Absolutly......that is the basis of her suit............she in fact should welcome it if it was untrue...........totally legal
2007-05-26 16:29:18 · answer #5 · answered by tommyeureka 2 · 0⤊ 0⤋