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

Asked 8 months ago - 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. Scott R. Scherr

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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... more
  2. Aaron Scott Hill

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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,... more
  3. David Keith Felsen

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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... more
  4. Samuel Cohen

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,570 answers this week

2,842 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,570 answers this week

2,842 attorneys answering