WA Subpoenaed medical records

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MamaJ

Member
23 January 2020
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0
1
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?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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2,894
Gold Coast, Queensland
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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.
 

MamaJ

Member
23 January 2020
4
0
1
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.
 

Scruff

Well-Known Member
25 July 2018
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2,389
NSW
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.
 

Atticus

Well-Known Member
6 February 2019
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2,394
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