Can You Suphoena Another Person's Medical Records?

[Nicoleasm]

What is the name of your state (only U.S. law)? VA

There's a criminal case pending against someone, is it possible for the defendant's(the one the case is against) lawyer to subpoena the medical records of the other person(prosecution's side)? There is some question of drug use during the altercation b/t the 2 people, and it would prove the aggressiveness of the person if we could show he was under the influence. No one was seriously hurt, but the guy did have to get treated at the hospital, which we know they most likely took blood tests. Is this possible for a lawyer to get that info?

[IsabellaSoriano]

the word is subpeona. sorry, but that one was driving me crazy....

[Nicoleasm]

Originally Posted by IsabellaSoriano

the word is subpeona. sorry, but that one was driving me crazy....

thanks! made it a little better sub-poena

[IsabellaSoriano]

Originally Posted by Nicoleasm

thanks! made it a little better sub-poena

LOL!!! yes, that's it!! dur...i better go clean my contacts....

[Ronin]

No one was seriously hurt, but the guy did have to get treated at the hospital, which we know they most likely took blood tests.

A trip to the ER does not mean blood tests were taken, or that even if such tests were taken, they screened for the kinds of drugs you are looking for.

There is some question of drug use during the altercation...

A mere suspicion of drug use without having something to back that up, and then arguing the relevance of such evidence to your case, will result in a very difficult if not impossible effort to get the court to issue a subpoena for personal medical information.

So the answer to your question is maybe, but probably not.

[Nicoleasm]

Originally Posted by Ronin

A trip to the ER does not mean blood tests were taken, or that even if such tests were taken, they screened for the kinds of drugs you are looking for.

A mere suspicion of drug use without having something to back that up, and then arguing the relevance of such evidence to your case, will result in a very difficult if not impossible effort to get the court to issue a subpoena for personal medical information.

So the answer to your question is maybe, but probably not.

Well it wasn't a small trip to the ER, he was transported to ICU for several days, you don't think they would have found anything? And I meant that there were witnesses that saw he was using marijuana. So it wasn't just a suspicion. Does that change anything?

[justalayman]

you would have to prove relevance to the case and I cannot see marijuana being a factor in a person being aggressive.

[Nicoleasm]

Originally Posted by justalayman

you would have to prove relevance to the case and I cannot see marijuana being a factor in a person being aggressive.

Well thank you for your informed opinion.. its great to have people like you, who may not be an attorney, answer questions for me and give me some insight

[IsabellaSoriano]

Originally Posted by justalayman

you would have to prove relevance to the case and I cannot see marijuana being a factor in a person being aggressive.

i guess that would depend. i knew a person that used for years since his teens. he was one of the most violent person i have ever met. the longer he went without it, the worst he was. i suspect this person is in his early 60's by now. still knows how to toss his wife around the house like he was 20.

[Nicoleasm]

Originally Posted by IsabellaSoriano

i guess that would depend. i knew a person that used for years since his teens. he was one of the most violent person i have ever met. the longer he went without it, the worst he was. i suspect this person is in his early 60's by now. still knows how to toss his wife around the house like he was 20.

yeah that's what I thought..thanks Isabella.

[justalayman]

Originally Posted by IsabellaSoriano

i guess that would depend. i knew a person that used for years since his teens. he was one of the most violent person i have ever met. the longer he went without it, the worst he was. i suspect this person is in his early 60's by now. still knows how to toss his wife around the house like he was 20.

so how would the guy being ON marijuana be relevant to his aggressiveness? A positive test in that situation would tend to argue just the opposite of what appears to be the justification for the test.


So, where is the relevance of the test?

In fact, your statement supports my implication. MJ users tend to be sedate when on MJ so a positive test would tend to be able to be used as a defense more than against the person.

[IsabellaSoriano]

Originally Posted by justalayman

so how would the guy being ON marijuana be relevant to his aggressiveness? A positive test in that situation would tend to argue just the opposite of what appears to be the justification for the test.


So, where is the relevance of the test?

In fact, your statement supports my implication. MJ users tend to be sedate when on MJ so a positive test would tend to be able to be used as a defense more than against the person.

honestly, (and I'll admit i may be wrong) but the long term use DOES have it's effects. the people that i have come across, are 9/10 always violent when they AREN'T high. so to remain calm, they HAVE to be high. it's causes a chemical imbalance. your body needs the THC to be normal. overuse, causes the chemical imbalance. which means normal functions, like driving...need to be done while under the influence. it's the moments of them NOT being high, that get violent. so in order for them to be "coherent" to parent, they have to be stoned?

[justalayman]

and like I said; the presence of MJ would then be a defense to the claim of that person being aggressive, yes?

unless the person requesting the discovery can show a scientific association between the MJ and the behavior, there is no relevance. One cannot simply suggest such an association without documented support and expect a court to allow such an intrusion in a persons being.

not that I am saying you are wrong. I am just saying that anecdotal evidence is not enough to support the request.


just for fun, using your position;

my mother was an alcoholic. She was drunk 99% of her waking life for many years. Should she be allowed to drive drunk since she actually appeared to be less impaired when drunk than during her limited times of sobriety?

[fabulous07]

well said.