Legal Question in Personal Injury in Wisconsin

Medical Records Access and/or changing one's records

I am in the process of divorce.

My husband is telling others verbally as far as I know, (lawyer, mediator, GAL) that I have bipolar disorder, and have attempted suicide several times in last few years and was hospitalized. None of this is true, although I do have chemical depression for which I'm treated.

Our 2nd Hearing comes along and a relative of my husband who is a nurse, has a folder with my name on it saying it's my medical records. She works for her husband who is a Workman's Comp lawyer. My legal advocate saw the file sitting next to her, but did not see the actual papers. This relative drove far to come to court. I have requested my records, and thus far the offices I've contacted said that there is no record of disclosure to anyone suspicious. My husband has already lied and was offering to sign a false documents that day. Which leads me to my question: Is it possible that they could doctor up, falsify, or make up pretend medical records with access to professional databases that they very well may have?

His lawyer has already told me in letters that they will expose my mental health issues if I don't cooperate, and prove I am an unfit mother.

Any help would be greatly appreciated.

Asked on 9/09/07, 5:55 pm

2 Answers from Attorneys

Re: Medical Records Access and/or changing one's records

I believe it is highly unlikely that they can change your medical records so that they provide information that is not real. That would be extremely dangerous; for, you, providing the unaltered copies would destroy their credibility, and might subject the parties and their lawyers to sanctions.

If my answer is satisfactory, I greatly appreciate positive feedback.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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Answered on 9/09/07, 6:51 pm
Michael End End, Hierseman & Crain, LLC

Re: Medical Records Access and/or changing one's records

I have read the answer you received from Attorney Haas and I agree with him. However, the other issue is whether your husband has somehow obtained copies of your medical records without your consent. He should not be able to do that. Your health care providers do not have a right to let other people get copies of your medical records without your signed consent.

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Answered on 9/14/07, 3:31 pm

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