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  1. #1
    jabcash is offline Junior Member
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    illegally obtained records

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


    Small claims-sue for negligence-defendant used illegally obtained records (from my new doctor) to prove his case.-is this legal?

    The judge ruled in his favor because I was not able to prove standard of care negligence. The judge used the info obtained to prove that my allegations were untrue. Since I lost, I understand I am not allowed to purse the case. What are my legal options, if any? THANKS
  2. #2
    swalsh411 is offline Senior Member
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    What is the basis of your belief that these records were obtained "illegally"?
  3. #3
    latigo is offline Senior Member
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    Quote Originally Posted by jabcash View Post
    What is the name of your state (only U.S. law)? Hawaii
    Small claims-sue for negligence-defendant used illegally obtained records (from my new doctor) to prove his case.-is this legal?

    The judge ruled in his favor because I was not able to prove standard of care negligence. The judge used the info obtained to prove that my allegations were untrue. Since I lost, I understand I am not allowed to purse the case. What are my legal options, if any? THANKS
    You filed a medical malpractice case in your state's small claims court where the dollar limit is $5000 and I’m guessing without an attorney and knowing neither party can appeal out of that court?

    Whatever I suppose. But what makes you think that the defendant's evidence was obtained "illegally"? Clearly it had to relate to your cause of action against the care provider and by filing it you waived any claim to confidentiality.

    You can’t be so naïve as to believe that the claimant in a malpractice case can be selective as to what medical evidence can be submitted. Or restrict the ability of the defendant to obtain relevant medical records tending to refute the claim.
    _______________

    What are your legal options you ask?

    Although you cannot appeal the decision Hawaii Code Section 633-28 (3) does grant the same small claims court the discretionary right “to alter or set aside any judgment as provided by the rules of court”.

    You might wish to consult with a local attorney as to how that process is pursued and what means “rules of court” . But I think your malpractice lawsuit is as dead as the proverbial crow. Or in your neck of the ocean maybe a common myna bird.
  4. #4
    Stevef is offline Senior Member
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    Quote Originally Posted by jabcash View Post

    Small claims-sue for negligence-defendant used illegally obtained records (from my new doctor) to prove his case.-is this legal?
    Generally, yes; illegally obtained evidence is admissible. There is an exception made for evidence illegally obtained by the police in violation of the defendant's rights, but that is a special case to prevent the police from using illegally obtained evidence.

    In the old days, the police could beat a confession out of you, or bust into your home to gather evidence, and your only recourse was to sue. The Supreme Court made a rule that evidence illegally obtained by the police is inadmissible. That rule does not extend to civil litigants.

    You need to find out if you have a cause of action against your opponent for illegally accessing your records.
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by Stevef View Post

    You need to find out if you have a cause of action against your opponent for illegally accessing your records.
    how would he have illegally accessed the records? I can't think if any way to do so. It surely isn't illegal to ask for them from the new doctor.

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