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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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  #1  
Old 06-26-2014, 10:35 PM
Serene Serene is offline
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Default Request for Information - for medical files

If one party is asking the other party for their medical info what would the appropriate response be? Obviously the requester believes there is something to be "seen" in these medical files.... the individual who owns the medical files does not want to release their medical info. So if they receive a request for information, what is their response?
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Old 06-26-2014, 10:49 PM
OntarioMomma OntarioMomma is offline
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Why would the requesting party think they have a right to someone's medical files?
Unless they're the children's files, I'm thinking ignore the request.
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Old 06-26-2014, 10:57 PM
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I don't know why they want them. But obviously they do and they think they have reason. If it is sent in a request for information they can't just technically ignore...
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Old 06-26-2014, 10:58 PM
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Does this have to do with medical insurance or is it simply a fishing expedition? More information is required.
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Old 06-26-2014, 11:00 PM
Serene Serene is offline
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This has nothing to do with myself or my husband. It is for a friend...

Parent A is asking for Parent B's "medical files". They are going to trial soon.
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Old 06-26-2014, 11:05 PM
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where it might become relevant:

1. imputing income (and one party is stating h/s cannot work due to medical condition then medical corroboration would be requested and likely allowed by judge)
2. medical insurance pre-existing condition to change policy
3. medical reason impairing parent from providing care for children?

Aside from that I can't think of anything else.
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Old 06-26-2014, 11:05 PM
OntarioMomma OntarioMomma is offline
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I know nothing about trial procedure unfortunately.
Maybe they will have to provide if it was in a request for information.
But in my opinion, Obviously if your friend doesn't want to send them, there's something "valuable" in there that the ex is looking to prove.
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Old 06-26-2014, 11:08 PM
Serene Serene is offline
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Arabian, I suspect they are fishing for #3. However there is nothing that could remotely look like that or even be mildly construed. The parent in question is a great parent. OCL involvement has even stated so.
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Old 06-26-2014, 11:38 PM
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Then they can request all they want. Unless they can prove to a judge that they have a valid reason for seeking the information it will likely be flatly denied.

My lawyer requested medical information on my ex to corroborate his claims he was too ill to work (one of his many failed motions) and ex was ordered to produce. He was unable to come up with anything so his motion was dismissed.

You can't just willy-nilly ask for someone's medical records. They are private and often not easily interpreted by a non-medical person. You can't use someone's personal medical files to incriminate them. Most doctor's will not release medical information without a court order anyhow. I believe the same goes for insurance company releasing medical information.
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Old 06-26-2014, 11:45 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Serene View Post
If one party is asking the other party for their medical info what would the appropriate response be? Obviously the requester believes there is something to be "seen" in these medical files.... the individual who owns the medical files does not want to release their medical info. So if they receive a request for information, what is their response?
To be quite frank Serene... I wouldn't provide the medical records and I would be quite frank with the other side about why not.

Here are the reasons.

1. Medical records are not written for lay people to read or even understand.
2. Judges are not qualified to read these records.
3. Most records are coded and it takes a significant medical expert to provide a view of them.
4. Most medical records are not relevant to matters. If there was something substantial that would impact custody and access the clinician in possession of the record is under a legal obligation to report their concerns to the police or simply FORM their patient.
5. If they want the information then they should really subpoena then they should motion for the medical practitioner to be called to questioning.

Most of this is covered in Policy 4-12 from the College of Physicians and Surgeons of Ontario:

Medical Records | Policy | Policies & Publications | College of Physicians and Surgeons of Ontario

As well as Policy 8-05:

Confidentiality of Personal Health Information | Policy | Policies & Publications | College of Physicians and Surgeons of Ontario

The response should be to tell the other party to bring forward a motion and get a court order for the clinician to be questioned. The balance needed to get medical records is REALLY FREAKING HIGH. Note that in the matter often cited on this forum... that litigant has not gotten an order for medical records to be released...

The only way medical records get pulled in is if a Section 30 assessor is (a) qualified to read the records requests them and the parties fail to provide them. I know of NO Section 30 assessors (even ones registered to the College of Physicians and Surgeons of Ontario) that are qualified to interpret medical records written by another clinician.

Medical records are crappy evidence if they don't come with the testimony of the actual clinician who wrote them. They are all mostly short hand SOAP notes that are full of complex clinical terminology and measurements.

Doctors don't keep the best notes... Theys see hundreds of patients a week. They maybe write one line at best. Not much to be extracted from medical records usually. Unless you are looking for accurate information about someone's lab work and blood pressure. LOL.

Good Luck!
Tayken

Last edited by Tayken; 06-26-2014 at 11:47 PM.
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