Medical Records and suspected DUI
If a person was at fault in an accident and was suspected of DUI, and the hospital did a drug screen and Alcohol test, but they refused to submit to law enforcements blood tests can the records be subpenoed by the courts?
3 Answers from Attorneys
Re: Medical Records and suspected DUI
Yes, the State of Florida can get an individuals hospital medical records but they are required to follow the federal HIPPA laws which require ten days notice to the suspect and an opportunity for the suspect to object in court to the State receiving the medical records. In every case I've ever seen, the State of Florida ultimately gets the medical records and they frequently use them in court to prosecute individuals.
Hope that helps. I also hope that you are not the "person" you are speaking of. If so, I'd seriously consider hiring a lawyer.
Re: Medical Records and suspected DUI
Yes assuming the State follows the statutory requirements and lays the proper foundation in court.
Re: Medical Records and suspected DUI
Yes assuming the State follows the statutory requirements and lays the proper foundation in court.
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