WA Subpoenaed medical records

Discussion in 'Family Law Forum' started by MamaJ, 23 January 2020.

  1. MamaJ

    MamaJ Member

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    My ex subpoenaed my medical records and the court order states for the past 3 years. Can my exs lawyer use the subpoena to get my records from 7 years prior? Is this allowed?
     
  2. Rob Legat - SBPL

    LawTap Verified

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    If it says three years, it's three years. If your medical practitioner gives up more than that, it's a breach of your privacy.
     
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  3. MamaJ

    MamaJ Member

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    Yeah I thought as much, it'll actually be a breach on my ex as far as I'm aware not following court orders again. It was the ex's lawyer that put the dates in exceeding the court ordered dates.
     
  4. Scruff

    Scruff Well-Known Member

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    Not making excuses, but keep in mind that it could be a genuine mistake by the lawyer or one of their employees as well. I wouldn't point any fingers until you know more about what actually happened.

    Whether or not the records were actually released for the whole 7 years is also important. There wouldn't be anything to gain by raking people over the coals for a genuine mistake if the records weren't released. Trying to do so would likely make you look petty to the courts.
     
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  5. Atticus

    Atticus Well-Known Member

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    Being medical records, you also have the right to inspect them & if you find reason to object, make an objection to them, or sections of them, being expected by anybody else
     
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