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Request for Information - for medical files

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  • #16
    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?
    Why on earth would anyone even contemplate turning over their personal medical records to an adversary, just because the adversary wants them? A simple "no" is the appropriate response.

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    • #17
      I don't think this individual was contemplating giving them. Moreso this individual was wondering if he'd be forced to provide them. But as you all have pointed out, there will be no way the other parent can prove the need for them. And there are no concerns about the parent's ability to care for the children. I suspect this is a layman's work and an intimidation tactic.

      Comment


      • #18
        Interesting. At my cc my lawyer asked for my Exs medical records because her lawyer just dropped the fact she was suffering from depression ...in the court room. It wasn't In the affidavit but it was just kind of sprung out in the cc.

        So when the two lawyers went away to discuss he requested her medical files. Her lawyer agreed (????). So it was included in disclosure.

        I thought it was a little much myself and surprised anyone could get that stuff but anyhow it was included in the agreement of disclosure.

        We are now waiting for OCL to finish and don't have a settlement conference set. I have begun self representing for this period of time. I may get a lawyer before a trial or trial conference.

        Imam wondering what would I do with it even if I got it. I am trying to imagine what it would say. Would a general practitioner say "yup she is depressed".

        I have a friendly lawyer I chat with every once in a while and he said...general practitioners can't make such a psychological assessment. You should motion for a section 105 which is a psychological assessment. It's a real thing...Justice Quinn ordered one back in 2006.

        CanLII - 2006 CanLII 13790 (ON SC)


        Seems drastic. Also it's a bit of a double edged sword...clinically depressed makes her a full borne dependent right? Can't work...but it's unlikely shes depressed enough she can't be a co parent. But I think that was what The judge in the case above was asking for...an assessment to see if the parents were stable enough to be joint...

        Any thoughts?

        Comment


        • #19
          People who are clinically depressed can work and can be good parents if their condition is managed, just like people with diabetes can work and be good parents. The medical label is not as important as the ability and conduct of the individual. Depression carries the stigma of mental illness, so it gets used to suggest the other person is "crazy" or "nuts". IMO your lawyer should not have requested your ex's medical files and her lawyer should not have agreed.

          As for what you should do with her medical information if you receive it - absolutely nothing. It would only be relevant if you had compelling reason to believe she was unable to care for children. And if that were the case, you or the judge would need a proper psychological assessment, not something in a GP's file, in order to go any further.

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          • #20
            Medical records can also be requested to corroborate or disprove allegations of domestic violence and emotional abuse.

            Comment


            • #21
              Tayken,

              In my matter, I was suffering from depression and generalized/social anxiety at the time I left the marriage and at the time I signed a loosely worded one sided separation agreement that we did without the court's involvement. I was numb to everything due to the high dose of the meds. I believe I was also cognitively impaired at the time I left the marriage and entered into the separation agreement. Her long time family doctor oversaw my treatment and to the point that come 2011 I no longer suffered from anything and was completely off meds. He provided in 2011 a medical opinion letter which states all of this including the potential side of effect of the depression I had at time of leaving the marriage of cognitive impairment which could have effected my ability to make decisions such as I did. Then in 2013 I asked him to refer me to a psychiatrist for a Mental Status Exam, he has one in house, they wrote pretty much the same thing.

              My ex challenged my mental health still in her pleadings but come TMC she didn't list our doctor as a witness on her list. My lawyer then wanted to request to admit these 2 documents so that it would be a shorter trial and feeling that the 2 letter were enough evidence and strong enough that we wouldn't need to call the doctor as an expert for testimony. The other party did not respond to the request to admit and more than 20 days have passed so we can file it with the court now but it worries me that they did not fight it and that as you said in previous post, a medical record or in this case letters are not strong enough evidence, doctor testimony is needed. I tend to worry that my lawyer although trying to save both time and cost, is blowing one of the key material changes in circumstances by not having the doctor testify.

              Thoughts?

              Comment


              • #22
                The medical records of my kids were a large area of interest in my case. Initially ex consented to my account of diagnoses backed up with medical documentation. As soon as I made the request for proportionate to income contribution (after exhausting all other sources), ex revoked consent. Ex no longer believed the children had needs therefore did not require the therapies and interventions that I had them in.

                As we neared trial opposing counsel justified their change of heart by saying I was not an expert in such areas, thus was not qualified to speak on such matters.

                My response to this was to put these specialists on notice that they would be supeoned. Their testimony was required to speak on behalf of the unique needs of the children. The expense of calling these people on the stand would have been substantial. My case was settled in the days leading up to trial.

                Comment

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