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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-27-2011, 12:30 PM
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Default Problem with obtainning copy of medical records

Hello All

I am trying to get copy of my son medical records for a while now. I did manage to get it from pediatrician and family doctor (after letter scare her with complain to the College of Physicians and Surgeons of Ontario)

But big hospitals still asking me Consent from a mother. She as always NO NO NO and her counsel ignoring my written requests but verbally said that I do not need consent from her...

I make this request, pursuant to the Children's Law Reform Act.

The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).

I also reffer to the
Responding to requests for children’s medical records

An article for physicians by physicians Originally published December 2005 / Revised May 2008
IS0555-E

which stated:
Quote:
Custodial parents have full access rights to their children's medical records except where the children have the capacity to make a decision about the collection, use and disclosure of their medical records.

Access parents are entitled to the same information as the custodial parent unless the court orders otherwise.

Generally parents with no right of access are not entitled to medical information.
what else can I do?
anyone want to sue hospital ? )

Thank you
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Old 04-27-2011, 01:36 PM
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Same kind of issues here. I have joint custody until the courts tell me otherwise and I can't even get the name of my son's doctors/specialists from my ex. I was recently told he had an MRI but no one told me anything about it, or about the results.
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Old 04-27-2011, 01:41 PM
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Quote:
Originally Posted by winterwolf7 View Post
Same kind of issues here. I have joint custody until the courts tell me otherwise and I can't even get the name of my son's doctors/specialists from my ex. I was recently told he had an MRI but no one told me anything about it, or about the results.
You probably talking about de-facto joint custody - nobody bother about that at all

I was almost prepared motion for that. but after got records from ped and fem doctor decided to not go forward as I have most of it anyway ...

OK there is TWO of US for now with nosuccess of partial success... Anyone here to have some input how to make us successful without motion?

I wondering what would happened if I go to motion with it? Is it any chance to loose it?
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Old 04-27-2011, 02:26 PM
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In case my ex wanted access to those types of things with the kids, we did up a general letter that he could provide to gain access that his lawyer made copies of & we signed; not sure if that would help you though - he never used them so I don't know if they are helpful or not.
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Old 04-27-2011, 02:30 PM
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Quote:
Originally Posted by Kimberley View Post
In case my ex wanted access to those types of things with the kids, we did up a general letter that he could provide to gain access that his lawyer made copies of & we signed; not sure if that would help you though - he never used them so I don't know if they are helpful or not.
not my case. Letter what you are referring to is Consent what my ex not willing to provide ...
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Old 04-27-2011, 03:07 PM
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Federal health info privacy laws give health institutions (hospitals, ohip) the right to withhold childs records from NCP. So Canada has a conflict between different sets of legislations.

I am in the same position and it sucks. I may eventually have to go back to court to obtain a blanket consent letter from CP.
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Old 04-27-2011, 03:08 PM
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Quote:
Originally Posted by dinkyface View Post
Federal health info privacy laws give health institutions (hospitals, ohip) the right to withhold childs records from NCP. So Canada has a conflict between different sets of legislations.

I am in the same position and it sucks. I may eventually have to go back to court to obtain a blanket consent letter from CP.
what is "blanket consent letter" ?
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Old 04-27-2011, 03:23 PM
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A consent letter in which CP grants consent for any institution or individual to release any health info for child X to you.

'blanket' means all-purpose, or non-specific.
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Old 04-27-2011, 03:31 PM
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anyone tried to contact opposing party lawyer with such request? Did you get any replay?

My problem is that my ex's lawyer do not replay on my request for consent from his client. Even when I specifically stated that I am going to file a motion.

So from my point of view he want me to file a motion and he will spend some time to replay, court etc and make another 1500. But even client on Legal AID can be ordered to pay cost. I can not find any case law for medical records consent etc...

That what worries me...
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Old 04-27-2011, 08:25 PM
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Default Medical Records

You need to bring a motion for an order for production of medical records. Your request needs to have some basis, don't expect a free fishing license.

Quote:
Originally Posted by WorkingDAD View Post
Hello All

I am trying to get copy of my son medical records for a while now. I did manage to get it from pediatrician and family doctor (after letter scare her with complain to the College of Physicians and Surgeons of Ontario)

But big hospitals still asking me Consent from a mother. She as always NO NO NO and her counsel ignoring my written requests but verbally said that I do not need consent from her...

I make this request, pursuant to the Children's Law Reform Act.

The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).

I also reffer to the
Responding to requests for children’s medical records

An article for physicians by physicians Originally published December 2005 / Revised May 2008
IS0555-E

which stated:


what else can I do?
anyone want to sue hospital ? )

Thank you
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