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Can plaintiff request subpoena to obtain medical records of defendant in divorce proceedings in Florida?

Orlando, FL |

What if defendant opposes this? Is there other method?

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Attorney answers 4

Posted

The respondent has an absolute right to maintain his or her doctor/patient privilege and to prevent you from obtaining the records. If the respondent has placed his or her medical conditions "at issue" then you can attempt to obtain them. Otherwise, you will not be able to get them and there is no other method for obtaining them.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

Asker

Posted

Respondent's medical records from psychiatric hospital. Respondent abused children as a result of her mental disorders. Multiple suicide attempts in front of children. Is this considered that respondent's medical conditions placed "at issue"?

Tami Lane Augen

Tami Lane Augen

Posted

I think this is something that you would be able to bring to the court as "relevant" in a divorce, you can seek the records, have the other side object, and then you will go to a hearing on the objection and you would be able to argue why the records are relevant. Also, you can attempt to take a deposition first, if the other side is not truthful in the deposition, then you can ask for the records and advise the court that is the only way to obtain accurate information. I would strongly suggest that you obtain counsel for this matter. Best of luck

Posted

It depends upon why the information is being sought. For example, treatment for drug and alcohol abuse can be obtained in order to determine a party's ability to care for a child. That's just one illustration. I'd need more information about what is being sought and why to give you a better answer.

Posted

I agree with my colleagues. You do not specify why you are wanting to obtain the medical records. If the health of the party is an issue in the case, then the records are relevant and you should be able to obtain them. Many of the Avvo attorneys on this site offer free consultations. Call an attorney in your area and let them guide you through this process. Hope this helps. Good luck to you...

Posted

Yes, but your ex will likely object. Even with the subpoena, the medical providers are unlikely to comply absent a court order. Assuming her medical condition is at issue, file a Motion with the Court, and have it noticed for a hearing. You should retain counsel.

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