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My husband was a patient in ICU with severe head trauma and…

Customer Question
My husband was a...

My husband was a patient in ICU with severe head trauma and I was I side his room visiting. A process server snuck in to the hospital and in to his room without ringing the bell to announce himself and walked in my husband’s room and served me with restraining order papers that his Dad had sought to be protected from me and to Gabe my husband Matt protected from me and hilt was denied. Was I served legally even though it violated my husband’s hips rights and broke hospital policy?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Bakersfield, California

Lawyer's Assistant: Has anything been filed or reported?

We go to court March 27 for a continuance for his restraining order hearing. Even though the judge denied it, there is still a court date for it I filed I filed my response and served him with it and included that in it His family was kicked out of the hospital for harassing me, the hospital staff and for repeatedly breaking hospital rules for visitation

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ithern then we are legally married and were married on jan 30th 2018. My husband’s father is still maintaining our marriage is fake and I forged his signature. It has been ruled legal by the courts in California, but he won’t stop with it. I have not nor do I speak to his family. Can I ask the court to subpoena his medical records and the report from again and adult servixes that his mom called and tried report me for abuse and fraud and he ruled i am his wife and no crime was commuted. Matt is in a rehabilitation hosptial because he has a feeding tube and still needs to get stronger from severe head trauma

Submitted: 5 months ago.Category: Legal
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Answered in 3 minutes by:
3/7/2018
Lawyer: Olivia Kent, Attorney replied 5 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,628
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

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Lawyer: Olivia Kent, Attorney replied 5 months ago

Is your question whether the process server's actions - sneaking into the hospital - in some way invalid service?

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Customer reply replied 5 months ago
He snuck in to the icu unit as well
Lawyer: Olivia Kent, Attorney replied 5 months ago

Process servers frequently use trickery to serve people b/c if they walked in and said "Hi I'm a process server" most people would sort of run in the opposite direction.

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Customer reply replied 5 months ago
Is it legal
Customer reply replied 5 months ago
Is it legal or can I state that I wasn’t properly served
Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,844
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, this is common conduct of process servers and under the law they are officers of the court when serving process, so they did not need permission to enter the hospital or the ICU. So, while it may not be nice and may be less than ethical and inconsiderate of them, it is legal for them to serve you in this manner. It did not violate your husband's HIPAA rights because the process server did not obtain your husband's personal health information, he simply served process. HIPAA protects against disclosure of personal health information only.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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