Can an attorney give medical records to their client

[flnurse]

What is the name of your state? Florida
Medical records were requested by the petitioners attorney in a paternity and custody suit because the petitioner was claiming the respondent was mentally unstable. Is it legal or ethical for those records to be given to the petitioner by his attorney? I thought that medical records are confidential and should have only been seen by the judge and the attorneys in the case.

[Shay-Pari'e]

Originally Posted by flnurse

What is the name of your state? Florida
Medical records were requested by the petitioners attorney in a paternity and custody suit because the petitioner was claiming the respondent was mentally unstable. Is it legal or ethical for those records to be given to the petitioner by his attorney? I thought that medical records are confidential and should have only been seen by the judge and the attorneys in the case.

No, not in this instance

[john123456]

Is it legal or ethical for those records to be given to the petitioner

Requires a court order.

[Rhubarb297]

Originally Posted by john123456

Is it legal or ethical for those records to be given to the petitioner

Requires a court order.

If it's undisputed that a person's mental state is at issue, then mental health records could well be discoverable...the same way they can get your tax records if there are issues regarding your ability to pay a claim, for example.

Now if it were disputed as to whether the mental state of a party is at issue, then you might have to get a court order to get those records.

Generally if your attorney can see something, you can too. (After all you can almost always represent yourself.) The court could, but probably wouldn't, provide an order saying only the attorneys can look at the records. Many, many times when you get discovery you need the assistance of your client in making sense of it. Often the discovery includes dates, individuals, etc. the client knows but the attorney doesn't.

[Shay-Pari'e]

Originally Posted by Rhubarb297

If it's undisputed that a person's mental state is at issue, then mental health records could well be discoverable...the same way they can get your tax records if there are issues regarding your ability to pay a claim, for example.

Now if it were disputed as to whether the mental state of a party is at issue, then you might have to get a court order to get those records.

Generally if your attorney can see something, you can too. (After all you can almost always represent yourself.) The court could, but probably wouldn't, provide an order saying only the attorneys can look at the records. Many, many times when you get discovery you need the assistance of your client in making sense of it. Often the discovery includes dates, individuals, etc. the client knows but the attorney doesn't.

Thanks for going more in depth, I was rather short in my response.