How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112761
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My ex (who is also an attorney by trade) improperly subpoenaed

Customer Question

My ex (who is also an attorney by trade) improperly subpoenaed my mental health records here in Illinois. I didn't know my ex had the records until my ex started giving testimony of my mental health records in front of a open crowded courtroom. The hospital never noticed me of the request for my records. The hospital records Clearinghouse nor the hospital never checked to see if the request was proper. Under the Mental Health and Developmental Disabilities Confidentiality Act, can I sue the hospital and its Clearinghouse as well as my ex? How much can I sue for?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I never introduced my mental health as a claim or defense
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If the hospital received a legal subpoena, they had to abide by that subpoena. However, if a subpoena was issued, the ex was supposed to send you notice of the subpoena so you could object and if they did not you need to file a motion for an order to show cause for contempt and to strike the mental health information they obtained by subpoena without giving you notice as required. The subpoena required a written order from the judge as well. If the hospital released the information without a proper subpoena with an order from the judge, then you can sue the hospital and clearinghouse as well. If the court finds that the records need to be stricken from the court record and a violation of the act, then you can also seek sanctions against your ex in the contempt motion and also file a complaint with the state bar for him violating the Act by getting the records without proper subpoena and judge's orders.

Related Family Law Questions