I Am Confused as to Who Has Legal Rights to View My Medical Records

Yes do whatever you have to do to keep your kids, fight with all your mite! You may regret it if you don't.

E.-
Get an attorney fast! My sister had similar problems and she had a male attorney. She basically let him run the show with horrible results. A friend told her to get a female lawyer b/c they tend to be more ruthless in these cases. She was right, this new lawyer is a lion! She is in Illinois and if you like, I will get her number for you.

Don't settle for less than what your children DESERVE!!

I'm no expert, but I would think that any judge would see right through your ex and his attorney. I find it hard to believe that him petitioning for custody on the heels of your petitioning for child support is coincidence. Generally speaking, the court tries to keep the children with the parents (mainly the mother) if at all possible. Your doctor could be subpoenaed to testify, but unless you are a threat to yourself or others, I don't see any judge giving the other parent custody based on depression diagnosis. Especially since you have acknowledged the problem and are actively taking steps to manage the depression. Having said all of that, I too am divorced and worried for a while that my ex would take me to court for custody. I don't believe in fighting "dirty" but for my children's well being, I most certainly would have.

Hello E.,

I've been through an ugly custody battle with me ex-husband. My attorney was not going after my ex but, rather just going with the flow. I fired him and hired the best lawyer in town. This lawyer really got after it and started to request things that I had never even thought of. So now the ball was in my court not my ex's. My ex backed down and even relinquished his rights after 3 months. I would suggest that you put the ball in your court by hiring an attorney that is going to work for you instead of a go with the flow type. Hire a lawyer that is willing to take your ex to court and not worry about how long its going to take. Sooner or later your ex will get tired of going to court and start to comply with what you want.

E., You first need to really think of what is best for your child. Of course, you are going to want the custody of him. Never go into court without counsel. My sister has gone as far as a womens shelter to get away from her x. This has been going on for 8 yrs now. He is fighting for the simimular.

Be strong, Know what you want, and let him know he isnt going to intimidate you anylonger.

As I suffer from depression and panic attacks, You can do this.

Hope it helped knowing that I understand and that your not alone in your battle.

Please, please get yourself a competent attorney who can be as "hardnosed" as your ex-husband's lawyer. Even though you are uncomfortable with confrontation, in the legal world you are putting yourself at a terrible disadvantage by not having equal representation. You can be sure that your ex-husband's counsel will do eveything in his power to win for his client. You MUST have someone in the legal system who will do the same for you. Episodes of depression are not cause for losing custody, but without a lawyer on your side, who knows what can happen? Please hire an attorney.

E., you have several questions. About the medical records...I should know because I am a doctor but I've never had any records subpoenaed sp? for this reason. So in fact- I don't know.

What I can tell you is that my secretary went through this near exact scenario three years ago. It dragged on for over a year and as ALWAYS, it was simply about money. The ex husband and new wife were petitioning for custody because they thought they could get child support payments so they waged a battle (with their attorney) to discredit her in every way possible. This included videos of the kid, then 6, saying that he saw his mom using all kinds of drugs, missing work and basically being an unfit mother. Because of the videos, she had to jump through hoops and spend a small fortune to defend herself. Halfway through, she realized that the other team was ruthless and playing unfairly so she switched attorneys and began to fight back.

In the end, after multiple drugs tests (all negative), mutiple social worker visits to her home and workplace, and numerous hearings, the court dropped the case and left her as primary custodian. However, the damage was done. By then she truely became sick from the stress. She started to smoke a little and we eventually had to let her go. (not because of that). The entire time my husband and I were just horrified about the lengths these people and especially the attorneys will go through to discredit another human being. And she was such a nice person, always trusting, always trying to get Dad to share his life with the son. Dad had nothing to do with the boy prior to the case. FIght, fight, fight!

My advice to you: Fight back, borrow money if you have to do this but under no circumstances trust anything the other team does. Keep your house spotless, food in the fridge and never miss work or any appointments. Take your kid to the doctor and dentist for wellness visits...you get my drift. Good luck!

E.:

You need an attorney- a good one!! Do not do this on your own, you will not do well against an attorney by yourself! I work for an attorney and have seen this same situation-- if you react too late in the ball game, and then go hire an attorney, that attorney will have a hard time representing you to the upmost that they can, hire one as soon as possible if you do not want to loose custody. Good luck!

Hello, I've had to take a HIPAA exam every year because I am in the healthcare insurance industry. I wanted to make sure I was getting the right info for you on your question. This is what I found on www.privacyrights.org

"Your medical records may be subpoenaed for court cases. If you are involved in litigation, an administrative hearing, or a worker's compensation hearing and your medical condition is an issue, the relevant parts of your medical record may be copied and introduced in court."

Discuss this with your lawyer to see what his game plan will be. No one else should be present during this discussion (attorney client confidentiality and all). If the lawyer is wishy washy...fire him and get yourself a shark female attorney. Your ex is playing dirty so I think it's only fair that you bring out the big guns.

Please let us know how you're making out during this stressful time. Hopefully the judge will see through your ex's ploy. I will be praying for you and your family.

Get a tougher lawyer!!!!

Heck yes. Sometimes you have to get mean to protect the ones you love. Don't let your niceness or fear of confrontation affect your child. Good luck.

E.,

I too am a single mom of two daughters. Their father just doesn't want to assist in the caretaking aspect of their lives let alone any aspect of their lives. I decided to file for child support. He, of course, showed up. So, I know what you are going through.

My recommendation? Hire the attorney you want. As far as your medical records go? Per HIPPA, you and ONLY you have the right to give access to your records to ANYONE. That's your call. Personally, I wouldn't do it. It won't damage your case. Especially since he is only filing for custody out of spite.

Keep your head up and Keep praying! It gets better.

Your original question suggests that your ex is trying to get hold of your medical records to prove that you have a problem with depression that makes you an unfit mother. I don't think anyone can have access to your records unless you give permission. Don't give it! And yes, hire a good attorney! Find someone who is sympathetic to your case, and will not allow your ex and his lawyer to walk all over you! You need a strong advocate! I'm sure you will find the perfect lawyer to help you. J. W.

Get a tough lawyer. I have been told by a lawyer in the past that you are not protected by HIPPA if your medical records are subpoenaed. You need a lawyer who will play hardball and help you fight. You're past the point of being able to avoid confrontation. Good luck,
T.

Hi E.,
This has got to suck to go through. My heart goes out to you. I worked in a doctors office for a while and I believe that the only people who can view your medical records are you and your doctor unless you have signed off giving someone else the right to view them. The doctors office has to have a physical signature on file for you though and the person requesting the records must have an i.d. to proove it is the same person. The only other way they could get them is with a court order and I believe that your attorney could petition against that before they recieve the records. Have you not asked your attorney about this?

NO ONE! I work in a Drs. office and I an not even allowed to disclose any info or even if your a patient to your current spouce without your authorization. Hippa is in place to provide patient confidentiality. Without your consent no one can get your medical info. Good Luck!

Hi E.! I'm a mother of 6 and 5 are from my ex husband....I gave in to his lawyer and gave him joint custody without child support....I ended up having the kids at all times and no money to help....I love my kids, but it was tough. I am now taking him back to court b/c he has a new girlfriend who tells him to take the kids according to the paperwork so he doesn't have to pay child support....our ex's must know each other! haha....Anyway, my kids don't like her and don't want to go with him and my oldest who just turned 15 tried committing suicide back in September over this...so I'm fighting!! You have to make your own decisions as to what is right for you, but I know I regret not taking full custody and the child support from day one. Also, about your depression you can visit my website at www.livetotalwellness.com/srmissey for some ideas, if you like or you can also go to www.workathome-socanu.com if you would like more info on working from home! good luck with everything and I will keep you in my thoughts and prayers!

I think HIPPA prohibits anyone form obtaining your medical record with out your permission. Not sure, so might want to consult with your doctors. I really responded to address the comments you made in your "a little about me" section. I would strongly urge you to get a better , tougher, lawyer. I went through a divorce 11 years ago and used a "soft" lawyer. Not only did I have to "share" custody of my son, not my exes biological child, I also recieved a reduced support amount!!!! You have the right to be strong and supportive for your child!!! Especially if the ex has not been providing financial support (or emothional support) for the past 6 years!

E.,
I too suffer from Depression, have and I am seeking medical attention. I work in a Doctors office and your medical information is covered under the HIPA law, no information can be given out without your permission!! Now they can summons your medical history but you have to sign an affidavit giving your doctor the right to do so. If you have the right lawyer he or she should be able to block that because that was the past not the present. In my divorce I used Susan Hais, she is one of the Top Divorce Lawyers in St. Louis, MO. She is very expensive but I have friends that used her and were very happy and I have friends that did not and wished they had. Please contact me if you need any information on Susan Hais I will be more than happy to give it to you. I hope this helps, I am 46 and divorced with a 16 yr old divorced for 13 yrs so I know how you may be feeling.

C.

I suggest you hire an attorney immediately. You will be much better off than if you try to deal with this yourself. Since you are not an attorney, you do not know when you are being taken advantage of. My guess is that is already happening since you have been so cooperative. Your ex's attorney is hired specifically to defeat your claim. If you don't have someone who understands the system fighting for you, your chances of success are not very good.

Only those that you authorize to access your records. I work for a major hospital and it is a pain to obtain my own records from them since I work here. You would have to sign a waiver allowing anyone to see your records. You should to protect yourself call all of your doctors offices and advise them that you want notification of everyone that request your records that way you can see if he is trying to get them.

I work in medical billing and as far as I know they can subpoena your medical records if they have cause, but I think they have to convince the judge that there is cause. I'm not too sure of this (I'm not a lawyer) so I would definitely look into it further to be sure. If you haven't had any problems lately and your condition is not hurting your child in any way, I don't think you have much to worry about. Hope this helps and good luck!!!

You may not be a litigious person, but from experience custody or divorce they bring out the ugly in people. My sister thought they would have an amicable divorce and she would get their daughter and he would get the son. That is what they agreed upon. It turned into a whole different story when it got to court. She ended up losing the children and paying an outrageous amount in child support.

My sister had other issues involving drugs in the past and she was doing okay now, but they brought all that up in court. Just keep praying and be strong, cause it will be a bumpy ride. My sisters lawyer didn't seem to have that fight that she needed. I am not sure if it would have been better with a different lawyer, but she was not confident in him from the get go... Might be better to find someone you are confident in...

E.,

Get a lawyer and protect yourself. Sometimes a judge will sign suponea (sp?) and not have all the facts. Case in point, a family member of mine was in a custody battle before her baby was even born. The guy insisted on having a copy of all her prenatal records, and her having an amniocentesis and went behind her back back and got a court order trying to force her to have it to do a paternity test. When she got a lawyer, he ripped it appart showing how unconstitutional it was for him to have any say in her pregancy, much less access to her medical info. Protect yourself and your son. No one is perfect, and the judges are very aware of those frugal attempts to dodge child support. And since he has dodged his parental responsibility for the last 6 years, no judge is going to see him fit to have custody when you are doing fine without him.