How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Can a lawyer get access to medical records without my consent to use in court My 9

Customer Question

Can a lawyer get access to medical records without my consent to use in court?
My 9 year old son was investigated for touching his 7 year old half sister. My ex's lawyer obtained copies of the investigation regarding my son through a subpoena. Is this a HIPAA violation?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

No, it is not a violation. HIPAA laws specific permit judicial orders, known as subpoenas, to be used to receive information. HIPAA protects privacy from a casual review, not a judicial order, which is what the attorney used here to obtain the information. If there was no subpoena, he would be in violation--but since there was a court order, he did not violate any laws.

Good luck.

Edited by Dimitry Alexander Kaplun on 1/26/2011 at 6:52 AM EST
Customer: replied 6 years ago.
How can he obtain information about a minor he has no rights to?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

He can obtain it via court order. That is what a subpoena is--it is motion in front of the judge as a request for information. If the judge grants it, it is a formal request that can the be sent to the information holder to divulge it.

Good luck.

Edited by Dimitry Alexander Kaplun on 1/26/2011 at 6:57 AM EST