Legal Question in Civil Litigation in Texas

Medical Records Subpoenas

My mother is involved in a lawsuit due to a car accident. The company she is suing that caused the accident has sent an old family counselor a subpoena for medical records. My mother's attorney says that they are trying to establish some sort of mental issue caused the wreck. What are my rights as far as what the counselor can release that pertains to my own medical history? The sessions we had with her were family sessions, and we only had a few, but I would rather my name not be brought in to this lawsuit if at all possible. Someone mentioned ''squashing'' the subpoena, but i am not sure what any of this means. Please help!


Asked on 3/16/04, 6:11 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Medical Records Subpoenas

"Quashing" a subpoena means to eliminate it. Your mother's attorney knows what the grounds may be to do so, and whether the requested information is material or reasonably calculated to lead to material evidence.

You really have little say in the matter since materiality may override privacy issues.

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Answered on 3/16/04, 6:36 pm


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