Improper subpoena and disclosure of my medical records. What can I do?

[jani2]

I'm pro se, ex-husband is wealthy. I was granted custody of our children in 2007; by 2008 he had sole custody via summary judgment on an order of protection he used to circumvent IL custody laws after I failed to properly respond to a "request to admit facts" . I have not seen our children in nearly three years, but I was recently granted supervised visitation after undergoing an extensive psych eval that they had requested through a private evaluator. There are no current reasons for his atty to conduct discovery- just a pending hearing date on his failure to pay me maintenance. However, his atty issued a subpoena requesting all of medical records from 2001- not to me, but to my psychiatrist.

Problems:

1) The agreed HIPAA qualified protective order only allows them to subpoena records from Jan 2008 until now.

2) They have already received all relevant mental health records after obtaining them through their psychological evaluator, WHO REVIEWED and addressed these records prior to releasing his report.

3) I was ordered to go on medication (anxiety, PTSD due to court proceedings); and so as required by court order, signed all necessary releases so that my ex's attorney could obtain any current mental health records/continuation of care.

4) My ex's wife obtained a copy of the above mentioned psych eval, and posted portions of it on her facebook page. I filed a police report, but they could not help me. Furthermore, she has posted appx 1,800 personally identifiable blogs about me since 2007. The states atty has told me on countless occasions that there is nothing I can do, since her obsession with me does not fall under domestic violence law, and is not eligible for an order of protection. Though she has been warned several times, she still continues to write libelous and damaging things about me, my family, as well as publicly address my medical records she has thus far seen. The worst of this was mocking a rape I had endured years ago; she has also claimed that I am a drug addict and served hard time, etc. I've never even been arrested or tried a single drug.

QUESTIONS::::

- Can I file a motion to quash, even though I wasn't the one who was subpoenaed? After all, they ARE my medical records.

-Should I file a Temp. Rest. Order or an emergency injunction? And, IF I do or can, does the court have the jurisdiction under our divorce file to enjoin my psychiatrist from releasing my records? Or do I file a separate TRO/injunction with my psychiatrist as the defendant?

-My ex's atty has also placed my social sec # into public record- I was able to have it impounded, but is there something I can do to prevent these frequent indiscretions from happening in the future?

Any suggestions or ideas would be so helpful- I'm at a loss right now, and trying to preserve any dignity or privacy I may have left. Thank you!

 

[Willlyjo]

I'm pro se, ex-husband is wealthy. I was granted custody of our children in 2007; by 2008 he had sole custody via summary judgment on an order of protection he used to circumvent IL custody laws after I failed to properly respond to a "request to admit facts" . I have not seen our children in nearly three years, but I was recently granted supervised visitation after undergoing an extensive psych eval that they had requested through a private evaluator. There are no current reasons for his atty to conduct discovery- just a pending hearing date on his failure to pay me maintenance. However, his atty issued a subpoena requesting all of medical records from 2001- not to me, but to my psychiatrist.

Problems:

1) The agreed HIPAA qualified protective order only allows them to subpoena records from Jan 2008 until now.

2) They have already received all relevant mental health records after obtaining them through their psychological evaluator, WHO REVIEWED and addressed these records prior to releasing his report.

3) I was ordered to go on medication (anxiety, PTSD due to court proceedings); and so as required by court order, signed all necessary releases so that my ex's attorney could obtain any current mental health records/continuation of care.

4) My ex's wife obtained a copy of the above mentioned psych eval, and posted portions of it on her facebook page. I filed a police report, but they could not help me. Furthermore, she has posted appx 1,800 personally identifiable blogs about me since 2007. The states atty has told me on countless occasions that there is nothing I can do, since her obsession with me does not fall under domestic violence law, and is not eligible for an order of protection. Though she has been warned several times, she still continues to write libelous and damaging things about me, my family, as well as publicly address my medical records she has thus far seen. The worst of this was mocking a rape I had endured years ago; she has also claimed that I am a drug addict and served hard time, etc. I've never even been arrested or tried a single drug.

QUESTIONS::::

- Can I file a motion to quash, even though I wasn't the one who was subpoenaed? After all, they ARE my medical records.

-Should I file a Temp. Rest. Order or an emergency injunction? And, IF I do or can, does the court have the jurisdiction under our divorce file to enjoin my psychiatrist from releasing my records? Or do I file a separate TRO/injunction with my psychiatrist as the defendant?

-My ex's atty has also placed my social sec # into public record- I was able to have it impounded, but is there something I can do to prevent these frequent indiscretions from happening in the future?

Any suggestions or ideas would be so helpful- I'm at a loss right now, and trying to preserve any dignity or privacy I may have left. Thank you!

If there is an agreement / order forbiding anyone from ordering medical records prior to Jan. 2008 via subpeona, then it is illegal to do so--that is unless the reason for it is a seperate matter than the one you describe. You have the documentation so that should serve to help you prevent such subpeona from taking effect.

There are laws against Slander, Libel and Defamation. If what you say is true, you have concrete evidence that shows this wife of your ex is indeed breaking such laws.

Although litigation concerning Slander and Libel can be complicated, time consuming and expensive, what you describe shows that basically all you need to do is print out the evidence, attach it to a Complaint as an exhibit and go through the normal court procedures until you reach settlement or trial. You will need a lawyer for this but it can be done in Pro Se if you are 'legal savvy' with a little common sense. Good luck to you.

 

[Tex78704]

Given the results to date of you handling your case pro se, it is unlikely anything will change for the better if you continue to do this pro se. You need an attorney.

That said, your psychiatrist can and should resist handing over your records without a court ordered subpoena.

The motions you intend to file on your own willl not likely get you far, if anywhere at all. Again, you really need an attorney handling your case.

If you feel you are being defamed, you should make a copy of whatever is published online or anywhere else and give it to a civil law attorney with experience in such matters to review. While any letters you send to your ex's wife may be ignored, a strongly worded letter to her from an attorney may be more effective.

 

[Rexlan]

she has also claimed that I am a drug addict and served hard time, etc.

If this is a provable fact (especially in writing) you have an excellent civil case. I good attorney will probably take it on contingency since daddy has a deep pocket too.