Need advice for obtaining medical records


#1

I need to know how to go about obtaining medical records for an upcoming court date against my daughter’s father. I filed a motion to show cause for contempt charges for multiple reasons, but the biggest one being that he is consistently breaking the three hour right of first refusal. This is something he requested to be in the papers. He has admited to me in going to recieve dialysis while she is in his care but is denying me the right of first refusal. With the approaching court date, the only concrete evidence to prove to the judge that he is in direct violation, is to have his dialysis schedule and previous attendance in hand. He is refusing to give me this information, so how do I go about doing this since i am representing myself?


#2

You may attempt to subpoena the medical records relating the appointments your husband keeps at the clinic. However, the laws against disclosure will likely cause an objection by the clinic to be sustained meaning the clinic will not have to turn over the records.
Perhaps there is someone close to your husband that you may call to testify as to when he receives treatment.


#3

Thank you so much for your quick response. Someone told me about possibly filing a discovery. What exactly is that and would it be possible in my situation?


#4

Discovery is a term that encompasses different ways to obtain information in the course of a lawsuit. You may learn more about the discovery process by reading the North Carolina Rules of Civil Procedure, Article 5, Rules 26-37. You may find these rules by doing an internet search.