A letter has been sent to you from the opposition asking for your permission to release medical records. They want to see the records. It is possible to subpoena records if your medical records are relevant in certain situations. Due to the privacy of your health information, you will need to give your consent in advance. You can sign a release or ask the court for permission. Without a release or court order, the provider of health care should not provide any information.
If the requested records are relevant to the case, then the basis for objecting to a request to release records is the question of whether they are relevant. It is not possible to use the request because another party is curious, harassing, or embarrassing you.
It depends on the facts of your case whether your medical records will be relevant. If you are seeking Spousal Maintenance, and you claim you are unable to work because of your medical condition then your medical records could be relevant to prove that.
If there is a dispute over parenting time, and either you or your spouse claim that a medical condition limits the ability of parents to parent, then medical records might be relevant to questions about parenting time. The mental health records of either parent who has had therapy or been to a counselor may be relevant to parenting.
Talk to your lawyer about your rights and the Divorce Laws in India. There may be several options to preserve or block the disclosure of your personal information if it is requested by another party. If the records are not relevant or being requested to harass, your lawyer may be in a position to obtain a protective order so that they are not required to be disclosed.
To limit disclosure and use of documents, your lawyer may be able to obtain a confidentiality order. A confidentiality order can contain provisions that (1) allow only the parties, their lawyers, and experts to review the documents; (2) the documents cannot be filed with the court without seal; (3) all documents must be returned to the other party after the end of the litigation; (4) limits on making copies. You should consider additional safeguards depending upon the nature of the documents before agreeing to release records.
If the documents are pertinent, you may have the option to first obtain them and then to redact any that are not necessary to your action. A request to limit the information that is produced on therapy records, for example, can be made if only some records pertaining to issues related to the divorce. This could be something that attorneys can agree upon or which the court orders.
Even though it might feel like you are being harassed by the other party, subpoenas that contain highly sensitive or confidential information may make you feel uncomfortable. However, sometimes the information can prove to be very useful. You may want to provide the records in advance of any subpoena if you have medical conditions that restrict your employment opportunities. Records that show that you have attended counseling or dealt with certain issues that could have adversely affected your parenting time may be documents you wish to produce to support your position.
