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.IMPORTANT INFO
: I hope this finds you well. Please use REPLY
button to keep talking, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
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, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating