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how far back can a attorney go to get medical records in a ...

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how far back can a attorney go to get medical records in a civil law suit for intentional infliction of emotional distress and dose the asking party have to get a authorization from the other party to get medical records. Also, if there were medical records that the other party did not want exposed to the asking party what legal paper work would need to be filed to prevent the asking party from getting medical records that did not pertain to the case. And how would a judge precieve this case if paper work was filed against the asking party to prevent them from obtaining old medical records.
Submitted: 9 years ago.
Category: Legal
Expert:  truthfinder replied 9 years ago.

This depends a lot on what type of case this is, why the records are being requested, and what the asking party is trying to "expose". Without a warrant from the court granting access to medical files, no one can view your files without your written consent. Even for you own attorney to get your medical records you must sign documents at your doctor's office to allow them to grant anyone's look into your files; you have privacy rights and those go beyond the reach of an attorney.

As far as how a judge would perceive this,that can go many ways. First of all, it is your privacy and right to that privacy that protects you from such invasion of these types of records; therefore in that sense, it would be no abnormal thing for you to protest the look into these files. Secondly, if you are wanting a look into the files to prove there was malpractice, then you will have to open the files completely so beware of that issue. Filing a motion to quash the other party's motion to expose the files would be what an attorney would normally file in response to the other party trying to get access to your records and base it on the privacy issues. This is a delicate matter for if you want to prove tat something happened, it may be enviable for a look into the files. It some situations the judge can review the evidence and decide whether or not it is justified to be allowed admissible in their private chambers before allowing the other party rights to it; that may be an option.

The best way for this to be handle is with the professional ability of a local attorney in your area.

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Customer: replied 9 years ago.
Thank you for the information, I dont have a problem with the asking party looking at current medical records. it is the past medical records i dont want exposed because of a worker's comp case that i filed back in 1984. iam dealing with high power attorneys and i dont want them to twist the facts of some of the negative reports that were written up on me as to my mental capacity. I settled the worker's comp case out of court.I was just concerned about information contained in the workers comp case that the asking may try to use against me in the current court action for intentional infliction of emotional distress.

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