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My wife wants to tell the judge that I tested positive for methamphetamine at hospital at custody hearing. Can I use HIPAA?

Rockville, MD |

My wife wants to tell the judge that I tested positive for methamphetamine at hospital at custody hearing. Can I use HIPAA in my advantage? I told her I tested positive. Can she subpoena hospital records?

Attorney Answers 4

  1. Your wife could subpoena medical records from the hospital. There are specific procedures she would need to follow to subpoena medical records. If she follows the law, you would be served with a notice and have 30 days to file a Motion for Protective Order.

    This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.

  2. There are ways she can do this. It requires thirty days notice to you. If you said it to her, however, she could tell that to the court.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  3. Generally statements made outside of court are hearsay if offered for proof of the matter asserted. However admissions of a party opponent are allowed even without medical records. However she can subpoena the medical records as well if done procedurally correct.

    Rather than lying or denying, you need to focus on explaining why that does not matter as much because you have remedied the problem, and are still maintaining sobriety.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.

  4. I agree with some of my colleague. However, you also need to be concerned that you TOLD her about the results. Therefore, even if the results themselves are precluded (and I don't think they will be) your admission really hurts you. You need to speak to a lawyer about these issues.

    Please understand, without forming an attorney/client relationship this office is not providing legal advice. We are simply providing general information which should not be acted upon without careful consideration and the assistance of an experienced attorney.

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