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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Do I have a legal right in

Customer Question

Do I have a legal right in CA to have access to my boyfriend of 38 yrs relationship .medical records . He was just released from the hospital with 4th stage cancer . He had many test done at the hospital. But he will not allow me to know or see any records or test. He will not allow any of the doctors or nurses to talk to me regarding his medical problem.i
have also suppected him of having sex with gay men and I am concerned about my own health and I want to know what he has the cancer from . As there is diseases out there that cause cancer. Such as HPV and HIV and so forth. Don't I have a right to his medical records to assure myself that he has not passed his disease on to me. Is there a law in CA. For this protection of my right to know this
Thank you
Waiting for your answer as I need it very soon
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 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. No, unfortunately you do not have a legal right to access your boyfriend's medical records in CA (or anywhere else in the US). That is because of the federal law known as HIPAA. To get access to the records you would have to sue him and ask the judge to order him to sign the release which allowed you to access the records. I'm not sure what you would base the lawsuit on but if you visit with a local lawyer they can likely find something.
Customer: replied 6 months ago.
Dwayne , your answer is very poor , you did not give me an answer . I already know that I would have to file a court complaint to have a judge order him to allow me to see his records , but your answer does not give me anything like I thought maybe u would send me back maybe some cases to show me certain case that has been filed and heard . To me this would be an answer to my question
Customer: replied 6 months ago.
So just for get this just answered I don't want a trial or membership with just answered
So sorry cancel my trial and refund. My money back to my visa as this sight can not do what I thought it could
Expert:  Dwayne B. replied 6 months ago.
I'm not sure why you think the answer was poor. You asked a question "Do I have a legal right in CA to have access to my boyfriend of 38 yrs relationship .medical records " that requires a "yes" or "no" answer and I answered it and explained and then gave you the only way around it. However, I will opt out and I have sent your request for a refund to the moderators.

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