Is it legal to release medical records to a lawyer? -

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?

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.

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.

No its illegal to do it.

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.

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?

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 quot;quashedquot; meaning kept secret to the court proceedings. I hope the court does what is best for the child.

Yep. The attorney has to file a quot;subpoena duces tecumquot; with the court to get the records released.

no

i am not real sure but i dont think so, you have to sign the consent-unless she thought something was wrong-i dunno sorry

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.

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.

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

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