Can hospital release records for DUI?

[jillcbu]

What is the name of your state? Wisconsin

I was in a motorcycle accident as a passenger and the driver was not insured. I had to file a claim with my insurance company . The driver has since added me on his bankruptcy that he just had converted to a Chap. 7 from a 13, in which it is my understanding that unless he was intoxicated, it is dischargable. He was in fact intoxicated, but not charged. The hospital should have records of his blood result tests, as he was injured and needed medical attention. Is there any way possible that the hospital will release the records so I can prove his intoxication so my claim isn't bankrupted?

[BigMistakeFl]

If you wish to make a claim for damages / injuries, it should be against his insurance company. Talk to a Personal Injury attorney, they work on contingency fee basis which means you don't pay them anything until you prevail, then they get a cut of the settlement.

[Ozark_Sophist]

Just pointing out the OP said the driver of the motorcycle had no insurance. Unlikely a lawyer will take on contingency given the driver is already in bankrupcy (accorded to the driver, as the OP said).

[jillcbu]

An attorney has taken on the case. He is not the greatest at returning calls. I am doing my own research. I would just like to know if the info can be released. According to the respoonding officer, he was given field sobriety tests but not a breathalizer. He also mentioned that the hospital can not release the info to the cops, they have their own kit to administer. If subpeonaed, will the hospital release the info?

[You Are Guilty]

Originally Posted by jillcbu

An attorney has taken on the case. He is not the greatest at returning calls. I am doing my own research. I would just like to know if the info can be released. According to the respoonding officer, he was given field sobriety tests but not a breathalizer. He also mentioned that the hospital can not release the info to the cops, they have their own kit to administer. If subpeonaed, will the hospital release the info?

The Hospital is forbidden by law to just hand it over to you, no matter how nicely you ask. I think your best bet is to request the Bankruptcy Judge issue a subpoena for the release of the records, including all blood test results. Depending on what stage the BK proceedings are in, you may have to file for an adversarial proceeding to get the judge to sign one, but since you have no case without them, you'll have to jump through whatever hoops they put in your way.

[BigMistakeFl]

Whoops..... thanks for pointing out my oversight.

I'm switching back to caffeine coffee now.

[jillcbu]

Thank you for your responses. The meeting of creditors is on the 29th. I am in the process of filing for an advesarial proceeding. I was not sure if the release of hospital records is possible at all. After talking to the responding officer, he stated that the hospital wont even release the info to the cops. The receptionist at the hospital said my attorney shouldn't have an issue with receiving them. Not trying to doubt the receptionist, but I am assuming that she may not have every aspect of knowledge in every department in the hospital. Furthermore, her response to me was moreso an opinion than a confirmed fact. I had no idea which category to post this under, considering the fact that are so many facets to this case. Will a judge subpeona an order for the records, or is it a case by case scenario? Also, is it even a possibility for a judge to request the info, or would the same law apply to a judge as does to the cops? Thanks again for your help!

[seniorjudge]

Yes, you can ask for a subpoena of those records.

[jillcbu]

Thank you very much!!!

[motorcycle ride]

I work in an Emergency Department and blood alcohol testing does not need performed in treating general injuries. A blood alcohol is ONLY ordered by the physician IF IT IS NEEDED FOR EVALUATION AND TREATMENT OF THE PATIENT. So chances are, if the driver was coherent, acting appropriately during his ED evaluation, a blood alcohol was never done.

The blood would not even been ordered if requested by the police, unless the physician deemed it necessary for evaluation and treatment ONLY.

If the police request it, and the MD doesnt feel it is necessary for their evaluation, the oficer must charge the driver with DUI and obtain the blood that way, usually through their (police) department.

[jillcbu]

This definately puts a new spin on it. Is there a way I can find out if in fact it was administered? Also, if not, would any results in any other tests show an alcohol level? In other words, would he have had to specifically had a blood alcohol test administered to show the presence of alcohol? He had a tetanus shot, fractured foot and his leg and buttocks were pretty much raw flesh from road burn. Would anything associated with his injuries give me the info I need?

[motorcycle ride]

probably NOT
unless one of the nurses or physician documented something about alcohol. such as ethanolic odor to his breath eic**************......which usually they dont. If he did not exhibit any bizaar type behavior**************..chance are there is no mention of alcohol.

you lawyer can supeona the records for review

[jillcbu]

Back to the drawing board for me.

[motorcycle ride]

you said the responding officer gave the friver a field sobriety test
Did he pass this test?
If not, this fact should be mentioned in the police report (which you can obtain a copy of)
in that case the driver be charged with DUI

I was inormed by a police officer there is a time limit as to when blood alcohol results can be legally submissable in court**************.....I believe it was a 2 hr limit from the time the driver was charged to the time the blood was obtained (in PA)
But they can also charge with DUI based on the field sobriety tests**************..!
review the police report********************************************************call your local station to see where you can obtain a copy of the report

good luck!

[CdwJava]

Originally Posted by motorcycle ride

The blood would not even been ordered if requested by the police, unless the physician deemed it necessary for evaluation and treatment ONLY.

If the police request it, and the MD doesnt feel it is necessary for their evaluation, the oficer must charge the driver with DUI and obtain the blood that way, usually through their (police) department.

This must vary by state. We do not have to have the person under arrest in order to obtain a blood draw from a collision subject.

- Carl