Can the psychologist give my wife's attorney the results of my psych. evaluation without a release from me?

Asked over 1 year ago - Miami, FL

In a custody battle we were mandated by court to have a psychological evaluation . Will the opposing party attorney need a release from me to get the results ? What about with the Pippa Law .

Attorney answers (3)

  1. Eric J Trabin

    Contributor Level 19

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    Answered . No there is no release required. You are not going to the doctor for private medical care. There is a court order requiring the evaluation and the evaluation is required to be disclosed to both sides and the court. The doctor should have reminded you that this is not a confidential evaluation. The HIPAA privacy law does not apply in this situation.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Joseph Peyton Lea III

    Contributor Level 11

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    Answered . As the Court ordered a psychological evaluation, the results will be available to the attorneys involved in the case.

  3. Lance Paul Richard

    Contributor Level 6

    2

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    Answered . If the evaluation was ordered by the court, the results will be made available to both parties and the court. This type of Evaluation is not covered under the HIPPA protections and your spouse's attorney can merely request a copy of the report without the necessity of a release or subpoena.

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