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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Does an independent medical examiner need to make record disclosure

Resolved Question:

Does an independent medical examiner need to make record disclosure to a parent upon request?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This depends - what is this for and whats state is this in?



Customer: replied 6 years ago.
This is in two states Florida & Arizona.. for a medical intervention for a disabled minor child
Expert:  Ely replied 6 years ago.
Can you please tell me more about the matter - what kind of medical intervention, who is involved, what is alleged, etc?
Customer: replied 6 years ago.
An Independent Medical Examiner retained by Mother to perform a baseline analysis at the onset of the year long intervention and then again at the end to determine the efficacy of treatment. Father disseminates records to IME at the start of the year and requests reciprocity to see if the treating parties were on target
Expert:  Ely replied 6 years ago.
Is this done as part of litigation, or not? Also, does the decree mention who has the right to consent to medical procedure?
Customer: replied 6 years ago.
Yes, part of litigation and entered as IME but the order does not stipulate confidentiality or non-disclosure tThe order only stipulates that cooperation be afforded the exam..subsequent testimony from Examiner defines himself as "Consultant for child"
Expert:  Ely replied 6 years ago.
In this case, then YES - upon reasonable request, the IME HAS to make said disclosure unless the decree specifically takes away that right from the parent. In this case, it is the same as a regular physician - either parent may get records. Since this is part of litigation, at their refusal, the records can always be subpoenaed anyways.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



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Customer: replied 6 years ago.
Last question/s- So the disclosure is mandatory if not specifically Ordered otherwise and regardless of there being a fiduciary or Not?aAny license law prohibiting an AZ psychologist from performing exams in FL?
Expert:  Ely replied 6 years ago.
It's not 'mandatory,' it is more like your right as a parent, correct.There is no law that disallows an AZ psychologist to perform in FL per se, but FL does have strict procedure for admittance. In this case, I am guessing the physician received permission to have his license validates in FL, but you may always call(NNN) NNN-NNNNto verify his standing license. I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








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