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  • 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:
    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

  • #2
    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.

    Comment


    • #3
      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?

      Comment


      • #4
        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.

        Comment


        • #5
          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 ...

          Comment


          • #6
            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.

            Comment


            • #7
              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" ?

              Comment


              • #8
                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.

                Comment


                • #9
                  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...

                  Comment


                  • #10
                    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.

                    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

                    Comment


                    • #11
                      I obtained medical information from my ex about my son after serving her with a Request for Information (FLR 20). If that does not succeed, at least you can bring the refusal to comply with the Request for Information to your motion.

                      Comment


                      • #12
                        The problem is that most of the time, most people with something to hide
                        will not consent to disclose and only do so after an order is issued.


                        Originally posted by Rayon de soleil View Post
                        I obtained medical information from my ex about my son after serving her with a Request for Information (FLR 20). If that does not succeed, at least you can bring the refusal to comply with the Request for Information to your motion.

                        Comment


                        • #13
                          Originally posted by OttawaMensCentre View Post
                          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.
                          Agreed with OMC. You're pretty close to trial but I might suggest you start with request for info on the opposing party - disclosure of all medical records. Judges like it when parties try to play nice before breaking out the motions.

                          If you get nothing, then proceed to a motion to enforce disclosure request. Put the Act you cite in the motion affidavit. You would ask the court to order the opposing party to disclose (ok). You can also ask for an order that your ex give you a letter permitting you access to health records (better - getting a letter means you don't have to go through the same thing when doctors are changed.). Alternately, a motion for order on a third party might scare the doctor/hospital into compliance (ugly, but perhaps effective).

                          Justify it with respect to your requirements in taking care of the child: you need full medical information in case the child needs emergency medical care, etc.

                          Phrase the motion as being in the interest of the child - it is harder to object to. The motion becomes part of trial record, and the motion might be valuable as evidence of your behaviour viz the child's welfare.

                          FG

                          Comment


                          • #14
                            Agreed with FG,
                            Judges love diplomatically correct clean hands.

                            Bottom line is, if the records are a real issue that will influence proceedings, the other party will only consent when it's obvious that if they don't an order will be made and even then, they can frustrate the order till the cows come home.

                            Same goes for any 3rd party that has an order for production of records, they habitually refuse to comply until strongly worded letters arrive that allude a contempt motion.

                            Best interests of the child is why you are in court in the first place and just throwing the expression around when its obvious, could make you quite boring.

                            Originally posted by fieldgrey View Post
                            Agreed with OMC. You're pretty close to trial but I might suggest you start with request for info on the opposing party - disclosure of all medical records. Judges like it when parties try to play nice before breaking out the motions.

                            If you get nothing, then proceed to a motion to enforce disclosure request. Put the Act you cite in the motion affidavit. You would ask the court to order the opposing party to disclose (ok). You can also ask for an order that your ex give you a letter permitting you access to health records (better - getting a letter means you don't have to go through the same thing when doctors are changed.). Alternately, a motion for order on a third party might scare the doctor/hospital into compliance (ugly, but perhaps effective).

                            Justify it with respect to your requirements in taking care of the child: you need full medical information in case the child needs emergency medical care, etc.

                            Phrase the motion as being in the interest of the child - it is harder to object to. The motion becomes part of trial record, and the motion might be valuable as evidence of your behaviour viz the child's welfare.

                            FG

                            Comment


                            • #15
                              Originally posted by OttawaMensCentre View Post
                              Agreed with FG,
                              Judges love diplomatically correct clean hands.

                              Bottom line is, if the records are a real issue that will influence proceedings, the other party will only consent when it's obvious that if they don't an order will be made and even then, they can frustrate the order till the cows come home.

                              Same goes for any 3rd party that has an order for production of records, they habitually refuse to comply until strongly worded letters arrive that allude a contempt motion.

                              Best interests of the child is why you are in court in the first place and just throwing the expression around when its obvious, could make you quite boring.
                              I try to not use it at all. It make me sick and I want to puke when I hear those words from ex's lawyer. I still can not digest how those bottom feeders can do and leave with that ... How do they sleep tonight. Why they do not think they their own kids will pay for all pain their actions caused to other people and kids... I mean common it ALL COMING BACK one way or another...

                              Comment

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