If I bring a doctor's note from an ER as an excuse for a trafffic court failure to appear, does the court verify the note?? And how? Is the hospital allowed to inform court whether someone was seen in the ER or not since it violates HIPPA privacy laws. I know employers are not allowed to verify doctor notes given by employees
Whether or not the court simply accepts your "doctor's note" depends upon the note's credibility. Don't overthink this regarding HIPPA laws. If you're asking the court to read the note, you're probably waiving a certain level of privacy.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
You should consult a traffic attorney to help you clear things up if it is a serious traffic issue.
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Go get a traffic attorney to help you clean up the mess. Forget everything about HIPPA and the doctor's note. The judge might not check, but if he/she does, you'll be in BIG, BIG trouble.
I have seen judges call MHS and other programs, on the record, to verify the accuracy of some claims. Dont take that chance.
Fair warning: If you bring in a fake excuse and the judge does check up, you're in BIG trouble. As a prosecutor, I always checked on doctor's notes, and the hospital always confirmed or denied for me. You could pick up another felony for this one.
Just hire an attorney and deal with the issue.
It is unlikely the court will attempt to verify the doctor's note, however it is not wise to give a fake note (if it is). The court does not have the time and resources to verify every doctor's note given to them. You should hire an attorney to help you with this matter.
Got to tell you that I've been in practice for a long time with plenty of time in L.A. traffic courts and reading your post brought to my mind two words: ALARM BELLS! Enough said.
Why are you worried if you went to the hospital. I don't think they can disclose the reason, but they can verify that you were there, I've had clients that have failed to appear for felony issues and turn up in jail. Either way, you should have called the court from the ER which unless you're in a coma, the nurse or doctor will allow. Depends on the judge, he may just want to see the piece of paper from the ER when they discharge you. That's just a receipt it shouldn't have a diagnosis on it. Best, VLC
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It depends. If the note appears to be legitimate, that will probably suffice. If there is something wrong with the note (like the doctor or the hospital's name is misspelled), that could warrant further investigation. It might also depend on how many other doctor's notes or other excuses the defendant has provided to the court in the recent past.
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