Posted by ksvt on January 14, 2001, at 19:32:54
In reply to Re: Out of the loop, posted by Lexie on January 14, 2001, at 17:21:58
>Lexie - I think you're doing the right thing under the circumstances. It's tough about the Dr-Patient confidentiality exception in your state. In my state,I don't believe the welfare of the child in a divorce custody case is grounds for lifting the confidentiality protections. If it's really an issue, the court can order a psychological evaluation. (maybe this is where tdaneen's husband is headed) Dr. records can be used in custody cases involving the state - like with termination of parental rights cases. I think everyone should understand that rules about the use and production of evidence vary substantially from state to state. Most states probably have some sort of statute which grants to a patient confidentiality rights, but most states also carve out exceptions, so the right is not as inviolate as you think. My therapist gave me, as she has all of her patients, a general written statement which made this clear. Lexie, did your attorney back up what your doctor was telling you - about him having to testify or relinquish records? ksvt
Some of you that were not posting on the egroups site while the server was down do not know what was going on with my custody issue. I found out some things that I could not believe: Doctor Patient Confidentiality is not protected when the welfare of a child is involved and all records can be submitted in court. My husband was going to use my hospitalization (I was Bakers acted in 1999 for an overdose.) My doctors records as well as my therapists records and there was nothing I could do to stop it. I was told by 2 doctors that they had never seen anyone in my situation win custody of there child. I would not lose on my Doctor, Therapist records it would be the hospitalization that would get me. A judge would view that as someone who sits in a corner twittling there thumbs. I didn't won't to put my son through that. I found it very hard to believe that someone I had been married to for 17 years could do that to me. I was also told that Client Lawyer Confidentiality holds up no matter what! What kind of world do we live in. My doctor asked me last time I visited if I was suicidal, like I would ever say yes, what and lose my child all together, what am I stupid? Thanks for all the support. I think I will sleep tonight after all. Lexie
poster:ksvt
thread:3924
URL: http://www.dr-bob.org/babble/social/20010105/msgs/3925.html