Legal Question in Civil Litigation in Virginia
Can an individual obtain another individual's medical records via a Freedom of Information request? Would release of medical records require the individual's permission? Is there any way an indivdual can obtain another person's medical records without that person's permission?
Asked on 10/08/10, 3:01 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
FOIA only covers government records, not private information. The only way you can get someone else's private medical records without her permission (assuming she is not your minor child, your conservatee, etc.) would be via discovery in an active lawsuit. She would be able to oppose your request. In order to prevail, you would need to show that your need to use the records in the lawsuit outweighs her interest in keeping them private.
Answered on 10/13/10, 3:10 pm
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