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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can my medical informatio be supeoned for a court case

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Can my medical informatio be supeoned for a court case
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am sorry for your situation.

The answer is a "yes, but..." answer, as so often they are.

Typically, medical records are private under the Health Insurance Portability and Accountability Act (HIPAA). However, under 45 C.F.R. § 164.512(e) et seq, this privacy is overridden by a valid subpoena or a court order.

So on the face - yes - they may subpoena your medical record.

However, you may object to this medical record being subpoenaed. If you ask your doctor's office to notify you if they receive a subpoena (some typically do, some do not), and they do so if they are subpoenaed, you can file a Motion to Quash the subpoena and have the subpoena dismissed if you show that the medical records are not relevant to the case.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my answer and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

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