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?
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.
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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.
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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.
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.
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