• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is it possible to subpeona medical records without a lawyer?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tbanana

Junior Member
What is the name of your state (only U.S. law)? NJ
My husband and I highly suspect his ex-wife failed a drug test after she was taken to the hospital after a suicide threat. Can we subpeona her medical records ourselves or do we need a lawyer to do this for us? Just curious. Thank you!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ
My husband and I highly suspect his ex-wife failed a drug test after she was taken to the hospital after a suicide threat. Can we subpeona her medical records ourselves or do we need a lawyer to do this for us? Just curious. Thank you!
Nope - there is no we.
 

ecmst12

Senior Member
I'm not even sure this is something your husband could do WITH a lawyer. But if he has questions about his child's custody situation, have him come and post them.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NJ
My husband and I highly suspect his ex-wife failed a drug test after she was taken to the hospital after a suicide threat. Can we subpeona her medical records ourselves or do we need a lawyer to do this for us? Just curious. Thank you!
Her records are confidential. YOU have nothing to do with this. YOU are not a party. YOU should not be posting.
 

tbanana

Junior Member
Thanks so much!

Her records are confidential. YOU have nothing to do with this. YOU are not a party. YOU should not be posting.
Thanks so much for you great advice! I CAN post here if I would like. I'm trying to ask questions to help save my step-daughters from an atrocious situation. When their mother overdoses or gets killed by her drug-dealer boyfriend, I will be the one raising them. So, I DO have something to do with this because I CARE!
 

Zigner

Senior Member, Non-Attorney
Thanks so much for you great advice! I CAN post here if I would like. I'm trying to ask questions to help save my step-daughters from an atrocious situation. When their mother overdoses or gets killed by her drug-dealer boyfriend, I will be the one raising them. So, I DO have something to do with this because I CARE!
You are not a party to the case. Sure, you can choose to ask, and we can choose to inform you of your position, legally speaking.

Please feel free to have dad log on to ask questions pertaining to HIS legal situation.


Good day.
 

Ohiogal

Queen Bee
Thanks so much for you great advice! I CAN post here if I would like. I'm trying to ask questions to help save my step-daughters from an atrocious situation. When their mother overdoses or gets killed by her drug-dealer boyfriend, I will be the one raising them. So, I DO have something to do with this because I CARE!
Lovely. You are a legal stranger. You can post here. WE can ignore the legal stranger who is nothing more than an overstepper or interloper.Now make sure you stomp your feet and slam the door on the way out. Okay?
 

CSO286

Senior Member
Thanks so much for you great advice! I CAN post here if I would like. I'm trying to ask questions to help save my step-daughters from an atrocious situation. When their mother overdoses or gets killed by her drug-dealer boyfriend, I will be the one raising them. So, I DO have something to do with this because I CARE!
You sure can post all you'd like.....

but since the people responding are VOLUNTEERS, they can choose which posts to respond to. For example, they can choose not to respond with helpful informaiton to meddling third parties. They can choose to give valueable advice to the parties directly involved in a case; e.g. the people listed on the legal header of any relevant court documents.
 
Last edited:

latigo

Senior Member
What is the name of your state (only U.S. law)? NJ
My husband and I highly suspect his ex-wife failed a drug test after she was taken to the hospital after a suicide threat. Can we "subpeona" (sic) her medical records ourselves or do we need a lawyer to do this for us? Just curious. Thank you!
First order of business would be to learn how to spell!
 

tbanana

Junior Member
First order of business would be to learn how to spell!
Wow, you people are mean and nasty. I can't say that I am shocked. At least those new to the boards will know to post as their spouse if they are looking for any information at all.
 

Zigner

Senior Member, Non-Attorney
Wow, you people are mean and nasty. I can't say that I am shocked. At least those new to the boards will know to post as their spouse if they are looking for any information at all.
We're pretty good at ferreting out the liars too ;)
 

CdwJava

Senior Member
If there is an open court case and there is some reason to believe that the records to be subpoenaed are relevant to the matter at hand, your husband or his attorney can seek the records via subpoena. However, the wife and/or the medical facility might choose to contest (quash) the subpoena.

Then, of course, there's the problem of interpreting what those records say and whether they do anything to allow him to wrench the kids or concessions from her.
 

CSO286

Senior Member
If there is an open court case and there is some reason to believe that the records to be subpoenaed are relevant to the matter at hand, your husband or his attorney can seek the records via subpoena. However, the wife and/or the medical facility might choose to contest (quash) the subpoena.

Then, of course, there's the problem of interpreting what those records say and whether they do anything to allow him to wrench the kids or concessions from her.
And when folks are dealing with mental health/substance abuse issues, getting those records will not be a cakewalk.
 

ecmst12

Senior Member
It's great that you care about your step kids. That doesn't make you a party to the case. Learn your place - supporting your husband but FAR FAR AWAY from the courtroom.
 

CdwJava

Senior Member
And when folks are dealing with mental health/substance abuse issues, getting those records will not be a cakewalk.
Probably not. But, I don't know whether the medical provider will actively oppose the request or they will merely notify the patient and inform them that they have received a subpoena and intend to comply within X days unless she moves to quash it. I doubt that the medical provider will spend the money necessary to fight the subpoena so it will likely be up to the ex to take that ball should she choose to.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top