Alex Do both parents have access to medical records?
A person with parental responsibility will usually be entitled to access the records of a child who is aged 12 or younger. Children aged 13 or older are usually considered to have the capacity to give or refuse consent to parents requesting access to their health records, unless there is a reason to suggest otherwise.
Do doctors talk to each other about patients?
Yet, doctors do have some leeway when it comes to talking about their patients. Sometimes they have no choice but to share information about their client, especially if it’s related to a referral to a specialist. Other times they may want to ask for a second opinion from within their network of colleagues.
Can a spouse obtain your medical records during a divorce?
Protecting medical information during a divorce. During your divorce, you can ask your spouse to produce information that’s relevant to your case, and in some cases, this may include medical records. However, there are limits on how and when a spouse can obtain copies of the other’s medical information.
Can a court order that medical records be released?
Absent a release or court order the health care provider should not be providing any information. The basis to object to a request to release the records depends on whether the documents requested are relevant to an issue in the case. The request cannot be used simply because the other party is curious or wants to harass or embarrass you.
Can a court subpoena a private medical record?
However, due to the private nature of health information you must either give your permission in advance by signing a release, or the person seeking the subpoena must seek court permission if you refuse to sign a release. Absent a release or court order the health care provider should not be providing any information.
Can a person object to a medical records request?
The basis to object to a request to release the records depends on whether the documents requested are relevant to an issue in the case. The request cannot be used simply because the other party is curious or wants to harass or embarrass you. Whether your medical records are relevant in your case depends upon the issues in dispute.
Protecting medical information during a divorce. During your divorce, you can ask your spouse to produce information that’s relevant to your case, and in some cases, this may include medical records. However, there are limits on how and when a spouse can obtain copies of the other’s medical information.
Absent a release or court order the health care provider should not be providing any information. The basis to object to a request to release the records depends on whether the documents requested are relevant to an issue in the case. The request cannot be used simply because the other party is curious or wants to harass or embarrass you.
When do you need medical records for spousal maintenance?
If you are requesting spousal maintenance and are claiming you cannot work because of your medical condition, then your medical records may be relevant to show whether your medical condition prohibits you from working.
However, due to the private nature of health information you must either give your permission in advance by signing a release, or the person seeking the subpoena must seek court permission if you refuse to sign a release. Absent a release or court order the health care provider should not be providing any information.