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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 5 of 5. This is the beginning of the thread.
Posted by novelagent on March 16, 2013, at 9:31:05
I'm wondering if I were to enter a lawsuit against a well-known youth organization, if their lawyers could demand the court to receive my medical records? I am under the impression that in criminal cases, at least in MA, this is not true unless the victim discloses to the D.A. specific information, which he/she must then share to the Court.
Could anyone help me research this?
Posted by Phillipa on March 16, 2013, at 9:57:42
In reply to can a pedophile defendant request medical records?, posted by novelagent on March 16, 2013, at 9:31:05
I think google would be your best resource unless somehere knows differently? Phillipa
Posted by joe schmoe on March 16, 2013, at 10:21:14
In reply to can a pedophile defendant request medical records?, posted by novelagent on March 16, 2013, at 9:31:05
Physician-patient privilege is a matter of state law so the answer could vary depending on what state you live in (assuming you're in the U.S.).
You mention "entering a lawsuit" which makes it sound like a civil suit for damages, but then you say it is a criminal case. There are significant differences. In a civil case, typically you are claiming emotional distress, which puts psychiatric records into play - the other side has the right to subpoena them if you are putting your mental well-being at issue.
In a criminal case, the question is whether the defendant did it or not, not its effect on your psyche, so I don't think the defense would have the right to get ahold of those records. But I could be mistaken. If it's a criminal case though you should be able to ask the prosecutor whether the defense has the right to your medical and psychiatric records if you are involved in the case in any way. It seems unlikely to me that they could request them, unless it goes to some issue of the reliability of your testimony (such as whether you're a chronic liar and have sought psychiatric help about it).
If it's a civil case then I would say yes, they will be able to subpoena them since you are claiming damages due to emotional distress (unless you are claiming purely physical injuries but that seems unlikely).
Posted by Phillipa on March 16, 2013, at 21:05:14
In reply to Re: can a pedophile defendant request medical records?, posted by joe schmoe on March 16, 2013, at 10:21:14
Joe how do you know all this? Are you an attorney or work with one? Great information. Phillipa
Posted by b2chica on March 18, 2013, at 12:19:22
In reply to Re: can a pedophile defendant request medical records?, posted by joe schmoe on March 16, 2013, at 10:21:14
>>If it's a civil case then I would say yes, they will be able to subpoena them since you are claiming damages due to emotional distress (unless you are claiming purely physical injuries but that seems unlikely).
But i dont think they can go on a fishing expedition. i think they have to request SPECIFIC information from records. like as you mentioned "does this person have history of a chronic liar, etc. I dont know that they can just ask for records.
Now i am speaking more from T records, plus many good T's dont actually write much down, so there would hopefully be not much to subpoena.As for your medical records, i think its similar. the medical information HAS to be relevant to the case. because it wouldnt matter to the court that you broke your leg when you were 5....(unless that is part of the case).
Please i am no lawyer, these are things that i have heard repeated from a few friends that have been through our court system. again, different state, prob different rules.
This is the end of the thread.
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