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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32323
Experience:  Began practicing Family Law in 1992
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My nephew has two children who currently live with him.

Customer Question

My nephew has two children who currently live with him. While he does not have legal custody through the courts, the mother gave him the children to raise by himself several years ago. He or his live-in girlfriend generally takes the children to their Pediatrician whom they have used for years. Sometimes the mother meets them at the doctors office for the children's appointments. Recently, my nephew asked for the children's medical records and the Doctor told him that he would need a court order to get the medical records. I informed my nephew that I did not think this was correct and that he should ask again and have her give him a copy of whatever legal documentation she has that supports her refusal.What approach do you recommend my nephew use to obtain his children's medical records? And is what the doctor is doing legal and or is it inappropriate. Thank you for your response!Lasha Simmons
Submitted: 7 months ago.
Category: Family Law
Expert:  JD 1992 replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The doctor is incorrect, assuming he has paperwork to prove that he is the father and there is no court order restricting his access to the records. All he would need to do is sign a HIPAA release form. If the doctor refuses then the fastest thing to do is get a local lawyer involved. The cheapest thing to do is file a complaint with the state agency that licenses physicians. For additional information, and some exceptions which are basically the same as those I gave you and just worded a little different see http://www.hhs.gov/hipaa/for-professionals/faq/227/can-i-access-medical-record-if-i-have-power-of-attorney/index.html