[harley132]

I am involved in a messy divorce. I have been in and out of court almost a year now. My husband and his lawyer subpoenad all nine of my doctors to appear in court. All but one dr. did not attend. Each doctor was called to testify and each doctor replied the same way I can not answer your question because of the HIPAA law. All eight of the doctors brought my medical files with them and when asked if they could be read again the doctors declined the request stating that they could not allow them to read them because it would be breaking the HIPAA law. We were just about to break for lunch when the Judge held up a large white envelope she announced that the contents of the envelope were my medical records and she is not sure why they were given to her. Needless to say my husband and his attorney were quick to grab the files out of the Judges hand. I had not qiven anyone permission to read my medical records and all eight of the other doctors refused because of the HIPAA law. There was very personal and private things in that file. Because this one doctor violated my rights it may cost me my children. I am angry because my husbands attorney has already begun to use the information that was obtained from that file. Do I have a case? If I do who do I sue? Doctor, attorney, judge or can I sue them all?

[Fr_Chuck]

If there is a court order to produce the records, then providing those records under court order. A court order is one of the exceptions to require your records to be given out. So if the court ordered your records produced, the judge could have ordered them to testify since that would not be hippa violation.

[LearningAsIGo]

Do you have a lawyer to represent you? If so, insist that he/she investigate the situation.

If you don't have representation, I suggest obtaining one.