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  • Doctor refuses to release health file updates?

    Has anyone out there had problems getting health file updates from your child's doctor? My ex has sole custody, and our court order indicates that she will provide me with all health info, and that I am permitted to visit with the doctor, but still the doctor refuses to give me a copy of his medical file. My ex is refusing to cooperate i.e. to talk with doctor to obtain this info, or to provide a consent letter to release the info.

    My understanding is that both the divorce act and the family law reform act grant the non-custodial parent the right to request and receive information regarding a child's health as the custodial parent. But the federal privacy laws seem to overrule this.

    Anyone have any adeas on what to do about this? Should I take it to court (seems crazy...)? I'd like to keep a friendly/cooperative relationship with the doctor, so I'm hesitant to get into a conflict with him about this...

  • #2
    I am wondering if it is because you are asking for a copy of the medical file. I am not sure of the legal implications on that. There is also the patient/dr confidentiality thing.

    She is suppose to provide you with the information (not the doctor) and until the doctor gets permission from her you will probably hit a brick wall with this. Have you shown the doctor the court order?? There is no reason to get into a conflict with the doctor because he is probably not wanting to get in the middle of battling exs. I am sure that he has certain rules etc that he has to follow.

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    • #3
      SOTS: Yes, the Dr has been provided with the court order, plus quotes from the FRA. Just in case I wasn't clear, it is our child's file I'm requesting (not my ex's!). Legally-speaking, the Dr is not a party of the court order, so none of the terms of the court order can be binding on the Dr - so it falls on my ex to 'make it so'.

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      • #4
        that just sucks. Is there a certain reason you want to see the file or is it just to be kept in the loop? Probably the only thing to do is go back to court.

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        • #5
          I'd just like to stay in the loop. And, since this is our first child, and he is still very young, I find the doctor a source of basic care info. Plus, there are some minor health issues that are likely to recur, so I'd like to see what the followup findings/recommendations are. My ex does not give ANY info - in spite of railing that his schedule MUST NOT BE DISTURBED, she would not even tell me when his nap time was when I first got full day visits. I've given up trying to understand....

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          • #6
            The doctor is under no obligation to provide medical information to you about your child, unless there is a an order or agreement about guardianship. In fact the doctor may be professionally obligated not to disclose any medical information about the child. You're barking up the wrong tree.

            The issue is guardianship -- who has it? If she has sole custody and guardianship, she is not obligated to provide medical information, either.

            If there is a guardianship agreement and she's refusing, then the issue is between you and her. It has nothing to do with the doctor.

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            • #7
              Originally posted by NoahJenda View Post
              The doctor is under no obligation to provide medical information to you about your child, unless there is a an order or agreement about guardianship. In fact the doctor may be professionally obligated not to disclose any medical information about the child. You're barking up the wrong tree.

              The issue is guardianship -- who has it? If she has sole custody and guardianship, she is not obligated to provide medical information, either.

              If there is a guardianship agreement and she's refusing, then the issue is between you and her. It has nothing to do with the doctor.
              yes that would be true but if you re-read the first post he says it is part of the court order for her to give him the medical information

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              • #8
                Yet another example of the 'information block' put up against NCPs!

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                • #9
                  Doctors don't generally give ANYONE a copy of medical files. Even when you change Dr.'s the file is couriered to the new Dr.

                  NoahJenda is correct in stating that the issue is between farooq and the Ex.

                  To me it is surprising that the clause was included to share medical information when she has sole custody. In my experience sole custody gets the other person out of the loop completely.

                  What would be your motion in court? Contempt?

                  My opinion is to attend the Doctor's appointments. If this is impossible visit the Doctor with your son for any concern's you may have and you'll get the update/recommendations directly.

                  Consider yourself fortunate that you KNOW the Doctor that your child has. Some people don't even know this.

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                  • #10
                    Originally posted by standing on the sidelines View Post
                    yes that would be true but if you re-read the first post he says it is part of the court order for her to give him the medical information
                    I should clarify my response. I gotta figure out how to do the multi quote thing LOL. I meant that the mother has to provide the medical information and do what it takes to provide it. I never meant the doctor is under any obligation to do it.

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                    • #11
                      Hey, thanks all for your points of view.

                      I'd love to attend doctor's appointments, but my ex also refuses to inform me of these (this is another violation of our court order). I'd be fine with any of these alternative methods for keeping in the loop. But at the point, I am unable to speak with or visit the doctor, or to obtain any info either directly from my ex or the Dr. My son has frequent spots and rashes, mostly on his trunk and arms, and I have no idea what it is, or what I should be doing to help him when he is with me, other than just keeping him dry, clean and Aveeno'd.

                      And apparently, the system seems to permit this, although it contradicts our specific court order, and also the Children's Law Reform Act, which says: "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."

                      I guess I'll have to file a motion to have her sign a consent form to release this info (ideal), or at least, to provide a copy of the current file (and hope that she continues to provide updates in future).

                      Sigh.

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                      • #12
                        you would think that any good mother would tell the father what the spots/rash is and what to do for it.

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