Legal Question in Civil Rights Law in District of Columbia

8th Amendment - 42 usc 1983

I am court appointed counsel to a prisoner who is asserts a violation of 42 usc 1983 due to inadequate medical care and failure to protect the inmate from injury at the hands of other inmates against CCA and a correctional officer. The defendants asked the prisoner to sign a form authorizing them to have access to the prisoner's medical records? I am unfamiliar with this area of law. I do employment law.

Am I under any obligation to have the prisoner sign this form? I do not feel comfortabe allowing the defendants to have any and all access to my clients records.

Please advise me as to my obligations in this field of law as it pertains to the signing of a release form authorizing the release of my clients medical records.


Asked on 1/31/05, 1:49 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: 8th Amendment - 42 usc 1983

If his medical condition is at issue, and I assume it is if he is claiming damages for inuries based upon negligence, then his medical history is at issue. In federal court I usually file a Motion for an in camera review of the records, asking for redaction or a confidentiality order for medical information not relevant to the instant case. Give a call if you want to discuss this briefly.

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Answered on 1/31/05, 5:44 pm
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: 8th Amendment - 42 usc 1983

Have they requested RPDs in discovery? Have they subpoenaed the records? They can get the records if they are relevant to the claim. I do not usually give authorizations to the opposing side. I do not believe they are required. You might want to ask under what authority such an authorization would be required. If you do agree to the authorization, you want to make sure you narrow the scope as much as possible and make sure it does not extend to conversations with the providers, etc. Just the relevant records. Best of Luck. Afshin Pishevar, Esquire (301) 279-8773.

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Answered on 2/01/05, 2:52 pm


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