VIC Summons issued under wrong name.

[Catelyn]

Good morning,

If a summons is issued to a Doctor requesting personal information about a person in their married named and they no longer go by that name, nor have they for over a year can the doctor still give all those medical details which are on their system under a different name to the party that has requested them?

 

[Rob Legat - SBPL]

There's a whole raft of issues to consider here which can't be determined from your post. First, what do you mean by 'summons'? If that's not sufficient to overcome doctor patient confidentiality, then it won't matter who's ever name it is in.

Second, if it is sufficient, what is the exact wording used? A properly worded document may cover all names the person has gone by.

 

[Rod]

A legal name can be used for court papers, doesn't matter what people privately call themselves. Though the doctor will somehow need to match a legal name to a patient name else he may just say I have no patient called <legal name>.

And as Rob stated, the legal paperwork still has to overcome the confidentiality barrier.

 

[Catelyn]

There's a whole raft of issues to consider here which can't be determined from your post. First, what do you mean by 'summons'? If that's not sufficient to overcome doctor patient confidentiality, then it won't matter who's ever name it is in.

Second, if it is sufficient, what is the exact wording used? A properly worded document may cover all names the person has gone by.

Sorry my mistake the original subpoena which is the correct word I should've used did have all correct names on it. What only had the wrong name on it was the "Notice of request to inspect in accordance with FCC Rule 15A. 13(1)(c).

Thank you for your help
Regards Catelyn