Legal Question in Health Care Law in Louisiana

I am in a custody battle with my babies father. He made two attempts to obtain my medical records without my consent (once making me sign a piece of paper stating it was for an insurance company, and the other time just walking in the office and filling a paper out putting relationship to patient 'childs father') I recently signed a release form for HIS LAWYER to obtain my medical records. I went to pick up a copy of them for myself only to find out that "my lawyer had already picked them up". Upon calling my lawyer she said that she had been in the office all day. When i asked them who paid for the records they showed me a copy of a check that my babies father, not his lawyer had written out. Needless to say he opened the files and by the time i got them back my lawyers office was closed and we had court the following morning with no time to retaliate against his allegations, which resulted in a 50/50 custody of a premature infant and now we have to go to trial.

I do not know if any of those instances in itself is illegal on any parties. Does he have the right to pick up and open my files without his attorney present all by himself? I feel completely violated as he didnt have much time to review the files before being ordered by the medical center to return them, but he still pulled one word out of my mental health records that was damaging and took it out of context and used it against me. What could have been settled that day, now has to go to trial. His lawyer claimed that they requested the records weeks prior, but had never recieved them, and coincidentaly went to pick them up the same day i did, and that he gave him permission to pick them up. Should this be allowed? The Center claimed that he walked in and said he was my lawyer, verified my address and d.o.b., and when they proceeded to call me to verify he said ohh no i have her on the phone right now and a woman pretended to be me and gave consent. I do not know who to believe because i know that they recently had a 10000 suit for a medical record being faxed to the wrong place, and he has also tried on numerous occasions to obtain them by himself. The center claimed that they had already mailed a copy of my records to his lawyer one week after they were requested. They have no proof of this. Who do i prosecute in this case, and if anything that has been done so far that is illegal, what is it?


Asked on 5/08/12, 2:56 pm

2 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

Let your attorney handle it by informing the judge of his actions.

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Answered on 5/16/12, 5:51 pm


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