Discovery/medical records/privacy


#1

Hello,

I am a very fit custodial parent who needs to take a prescription SSRI for anxiety (situational), but I am not because I am afraid this info will be asked in the discovery/litigation process of the upcoming custody trial. I am unsure if HIPPA, etc applies to my medical records and privacy on this. If I do go to the doctor, can this information or prescription come out? Would it be wise to keep off my insurance & do self-pay? Please let me know if I can safely seek medical assistance without jeopardizing any custody as I am a wonderful loving responsible parent. Should they be able to access this, please let me know the process it which it would take to do that. I am a little uncomfortable asking my lawyer this, since it is sensitive info.

Thank you!


#2

Information regarding your medical records can be requested during discovery, however you/your doctor may object. Typically, if there is an objection a separate hearing will take place to determine whether these records should be provided or whether they should remain protected. The doctor’s office cannot and should not give medical records without a court order or a valid medical release.