Skip to main content
Eilam Isaak

Eilam Isaak’s Answers

1 total

  • 6 plus months after fatal accident in fl medical records are being sopoena. Lawyer is claiming blood samples are possibly held ?

    There were No arrests, no testing or suspicions of DUI. No charges were filed . Civil suit was settled with both parties in agreement. Now more than 6 months later lawer is claiming that the hospital possibly had saved a blood sample to be ...

    Eilam’s Answer

    This might be a complicated situation that requires immediate action. If law enforcement want to get into your medical records, then they have to do it by subpoena. By law in Florida, they have to give you 10 days notice before the subpoena is issued and served so that an objection may be filed. If you miss that deadline, then you have waived any right to challenge the issuance of the subpoena. This would be true for your hospital records that may contain blood results or for a blood sample that has for some unknown reason been preserved by the hospital. By the way, in 20 years of practicing DUI law, I have never encountered a situation where the hospital kept a blood sample for so long. I'm not saying it could never happen, but I have never seen this factual scenario before. Regardless, make sure that you don't miss the 10 day deadline to object. The filing of the objection places a temporary order in place thereby requiring the State (or law enforcement) to schedule the hearing (pursuant to a case called Hunter) in order to get the protective order lifted.

    See question