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the x had her medical records sealed with the hipaa act.


Sent to Legal Experts March 15 5:14 p.m.
the x had her medical records sealed with the hipaa act. her medical condition needs to be brought to the courts attention. How do I subpona her records to prove to the courts her mental issues?

Optional Information:
Brighton, Colorado
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
March 17 11:09 a.m. (1 day and 17 hours later) 		REPLIED Check Mark
You (or more appropriately your attorney) would have to petition the court to obtain a court order for the records. This petition would have to show cause that there is evidence in the medical records that is relevant to the particular case in question.

HIPAA provides legal protection against "fishing expeditions" for use in court cases. A simple subpoena from one party for medical records is NOT sufficient under the HIPAA privacy regulations unless the individual signs a Authorization for the records.

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PictureFamilyPhysician  -- MBA, MD -- 100% Positive Feedback on 232 Legal Accepts
Legal-medicine issues, business law principles, lecturer in medical-legal issues
Reply to FamilyPhysician
Sent March 17 11:49 a.m. (40 minutes and 48 seconds later)
What if it is for family court? Doesn't the welfare of the children matter?
Customer (name blocked for privacy)
Answer
March 17 2:39 p.m. (2 hours and 49 minutes later) 		ACCEPTED Check Mark
It is not a matter of "Doesn't the welfare of the children matter?", it comes down to do you have grounds to show that this particular evidence is relevant to the case. You have to show by testimony or other evidence that there is reason to believe that this evidence is important to the case. If you convince the judge of this fact, he/she can order the physicians/hospitals to produce the records. The person who's records you are requesting can however file a motion to suppress these records and dispute your assertion that they are material to the case.

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Please click "ACCEPT" if I answered your question to your satisfaction so that I may get credit for my work.

If you AREN'T satisfied, please ask for clarification or more information.
PictureFamilyPhysician  -- MBA, MD -- 100% Positive Feedback on 232 Legal Accepts
Legal-medicine issues, business law principles, lecturer in medical-legal issues

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