Comments on: is it legal to release medical records to a lawyer?

By: wazwondring

wazwondring — Tue, 03 Feb 2009 09:12:59 +0000

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.
References :

By: Bella

Bella — Tue, 03 Feb 2009 08:40:59 +0000

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.
References :

By: Jep

Jep — Tue, 03 Feb 2009 08:24:59 +0000

yes, a subpeona is from a judge/court so it was legal.
References :

By: vihlee

vihlee — Tue, 03 Feb 2009 07:41:59 +0000

Yes a Judge may sign a subpoena or order to get medical records if it is needed for the case.
References :

By: racecommish

racecommish — Tue, 03 Feb 2009 06:54:59 +0000

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.
References :

By: tikitiki

tikitiki — Tue, 03 Feb 2009 06:04:59 +0000

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.
References :

By: awommack

awommack — Tue, 03 Feb 2009 05:15:59 +0000

no
References :

By: jillette

jillette — Tue, 03 Feb 2009 04:33:59 +0000

Yep. The attorney has to file a "subpoena duces tecum" with the court to get the records released.
References :

By: shrty0525

shrty0525 — Tue, 03 Feb 2009 04:19:59 +0000

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?
References :

By: Anthony M

Anthony M — Tue, 03 Feb 2009 04:03:59 +0000

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.
References :