If there is probable cause to believe you were involved in a DUI incident, the officer can request this from the hospital, but only if they already drew blood for another purpose. Without a warrant, the hospital will fight this.
More important, we're you in an accident? Why were you in the hospital? Related to the accident? Why was a cop involved?
You'd be best to repost this under criminal, as a criminal lawyer might be of some help to you. This has nothing to do with med mal.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Illinois law provides for an exception to doctor/patient confidentiality which would have allowed the nurse to give the officer the BAC result. The State's attorney also has the ability to subpoena the blood test records, although your attorney can move to quash the subpoena. It will be up to a judge to determine whether the state will get access to the BAC results.
Prior counsel was correct in his assessment that your question is one appropriately addressed to criminal defense practitioners. I will defer to Illinois lawyers on the particularities of the local law on this subject. In the meantime I will tell you that police in my home state, if there were sufficient information to support issuance of a search warrant (probable cause), would obtain a search warrant to obtain the blood test results. You need to be in contact with a lawyer skilled in th handling of DUI cases without delay.
Yes the results are discoverable under the chain of events you described.
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In a number of jurisdictions, the prosecutor may seek a court order to summons your records to the court. Pay close attention to the wording of the order. The order may only allow for your records to be summoned and not possessed or viewed, copied or otherwise available to the prosecutor. Contact an experienced defense attorney soon
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