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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Question Improper Subpoena and Disclosure of My Medical Records - What Can I Do

    My question involves a marriage in the state of: ILLINOIS

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Improper Subpoena and Disclosure of My Medical Records - What Can I Do

    You can attempt to quash an improper subpoena, and can also request a protective order limiting the use of any materials that are obtained.

    You need a lawyer.

    Review these resources.

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