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Thread: Is it possible to subpeona medical records without a lawyer?

  1. #1
    tbanana is offline Junior Member
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    Is it possible to subpeona medical records without a lawyer?

    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!
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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.
  3. #3
    ecmst12 is offline Senior Member
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    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.
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  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    tbanana is offline Junior Member
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    Thanks so much!

    Quote Originally Posted by Ohiogal View Post
    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!
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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.
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  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
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    CSO286 is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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 by CSO286; 07-01-2013 at 02:09 PM.
  9. #9
    latigo is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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!
  10. #10
    tbanana is offline Junior Member
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    Quote Originally Posted by latigo View Post
    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.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by tbanana View Post
    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
  12. #12
    CdwJava is offline Senior Member
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    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.
    tbanana likes this.
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  13. #13
    CSO286 is offline Senior Member
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    Quote Originally Posted by CdwJava View Post
    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.
  14. #14
    ecmst12 is offline Senior Member
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    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.
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  15. #15
    CdwJava is offline Senior Member
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    Quote Originally Posted by CSO286 View Post
    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.
    tbanana likes this.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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