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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118256
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex (who is also an attorney by trade) improperly subpoenaed

Customer Question

My ex (who is also an attorney by trade) improperly subpoenaed my mental health records here in Illinois. I didn't know my ex had the records until my ex started giving testimony of my mental health records in front of a open crowded courtroom. The hospital never noticed me of the request for my records. The hospital records Clearinghouse nor the hospital never checked to see if the request was proper. Under the Mental Health and Developmental Disabilities Confidentiality Act, can I sue the hospital and its Clearinghouse as well as my ex? How much can I sue for?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I never introduced my mental health as a claim or defense
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If the hospital received a legal subpoena, they had to abide by that subpoena. However, if a subpoena was issued, the ex was supposed to send you notice of the subpoena so you could object and if they did not you need to file a motion for an order to show cause for contempt and to strike the mental health information they obtained by subpoena without giving you notice as required. The subpoena required a written order from the judge as well. If the hospital released the information without a proper subpoena with an order from the judge, then you can sue the hospital and clearinghouse as well. If the court finds that the records need to be stricken from the court record and a violation of the act, then you can also seek sanctions against your ex in the contempt motion and also file a complaint with the state bar for him violating the Act by getting the records without proper subpoena and judge's orders.