Certified Medical Records

[Imom]

Dear Soc,

A friend of mine told me that when her ex filed for contempt for denial of visitation the letter she had from the doctor was thrown out as hear say because it was not Certified.

Her attorney stated that all medical records/notes need to be certified in order to be admissible.

I have a hearing in Feb. concerning medical issues to which I need my son's medical records. I sent of for them and attached the ones that pertained to my points to my motion, per your advice (If you remember I asked because the motion was turning into a book). I have them ready to offer as complete at the hearing.

The Court kept these medical records and a letter written by the therapist to me and my ex but sent all correspondences  back stating I can offer them as an exhibit.

As of right now both sides are pro se, but there is a chance he could have an attorney file appearance the day of court. Thus I want to make sure the records are covered.

If you have time here is the link that was provided to me not for sure if this is a "state" thing.....

http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html

1. Do I need to have the records certified?
 
2. If so, how do I do that?

3. Do you have any idea how to label anything as exhibits?

[socrateaser]

>Dear Soc,
>
>A friend of mine told me that when her ex filed for contempt
>for denial of visitation the letter she had from the doctor
>was thrown out as hear say because it was not Certified.
>
>Her attorney stated that all medical records/notes need to be
>certified in order to be admissible.
>
>I have a hearing in Feb. concerning medical issues to which I
>need my son's medical records. I sent of for them and attached
>the ones that pertained to my points to my motion, per your
>advice (If you remember I asked because the motion was turning
>into a book). I have them ready to offer as complete at the
>hearing.
>
>The Court kept these medical records and a letter written by
>the therapist to me and my ex but sent all correspondences
>back stating I can offer them as an exhibit.
>
>As of right now both sides are pro se, but there is a chance
>he could have an attorney file appearance the day of court.
>Thus I want to make sure the records are covered.
>
>If you have time here is the link that was provided to me not
>for sure if this is a "state" thing.....
>
>http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
>
>1. Do I need to have the records certified?

yes.

>
>2. If so, how do I do that?

Subpoena the records, and offer the hospital custodian of records the opportunity to send certified records in lieu of appearing. Note that if the records contain details of a substance abuse intervention program, then you will need a separate court order to obtain them, as per 42 U.S.C 290dd.

>
>3. Do you have any idea how to label anything as exhibits?

Should be covered in the court's local rules or the state uniform court rules, if they exist. Generally, the attorneys agree on the numbering system in advance. However, for a trial, the court clerk will be marking the exhibits, so you don't need to number them yourself. You just need to tell the clerk how you want them marked.

[Imom]

>>1. Do I need to have the records certified?
>
>yes.
>
>>
>>2. If so, how do I do that?
>
>Subpoena the records, and offer the hospital custodian of
>records the opportunity to send certified records in lieu of
>appearing. Note that if the records contain details of a
>substance abuse intervention program, then you will need a
>separate court order to obtain them, as per 42 U.S.C 290dd.

1. Do you know how I do that?
     IE: Do I file a motion to have them subpoenaed?

[Imom]

Dear Soc,

A friend of mine told me that when her ex filed for contempt for denial of visitation the letter she had from the doctor was thrown out as hear say because it was not Certified.

Her attorney stated that all medical records/notes need to be certified in order to be admissible.

I have a hearing in Feb. concerning medical issues to which I need my son's medical records. I sent of for them and attached the ones that pertained to my points to my motion, per your advice (If you remember I asked because the motion was turning into a book). I have them ready to offer as complete at the hearing.

The Court kept these medical records and a letter written by the therapist to me and my ex but sent all correspondences  back stating I can offer them as an exhibit.

As of right now both sides are pro se, but there is a chance he could have an attorney file appearance the day of court. Thus I want to make sure the records are covered.

If you have time here is the link that was provided to me not for sure if this is a "state" thing.....

http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html

1. Do I need to have the records certified?
 
2. If so, how do I do that?

3. Do you have any idea how to label anything as exhibits?

[socrateaser]

>Dear Soc,
>
>A friend of mine told me that when her ex filed for contempt
>for denial of visitation the letter she had from the doctor
>was thrown out as hear say because it was not Certified.
>
>Her attorney stated that all medical records/notes need to be
>certified in order to be admissible.
>
>I have a hearing in Feb. concerning medical issues to which I
>need my son's medical records. I sent of for them and attached
>the ones that pertained to my points to my motion, per your
>advice (If you remember I asked because the motion was turning
>into a book). I have them ready to offer as complete at the
>hearing.
>
>The Court kept these medical records and a letter written by
>the therapist to me and my ex but sent all correspondences
>back stating I can offer them as an exhibit.
>
>As of right now both sides are pro se, but there is a chance
>he could have an attorney file appearance the day of court.
>Thus I want to make sure the records are covered.
>
>If you have time here is the link that was provided to me not
>for sure if this is a "state" thing.....
>
>http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
>
>1. Do I need to have the records certified?

yes.

>
>2. If so, how do I do that?

Subpoena the records, and offer the hospital custodian of records the opportunity to send certified records in lieu of appearing. Note that if the records contain details of a substance abuse intervention program, then you will need a separate court order to obtain them, as per 42 U.S.C 290dd.

>
>3. Do you have any idea how to label anything as exhibits?

Should be covered in the court's local rules or the state uniform court rules, if they exist. Generally, the attorneys agree on the numbering system in advance. However, for a trial, the court clerk will be marking the exhibits, so you don't need to number them yourself. You just need to tell the clerk how you want them marked.

[Imom]

>>1. Do I need to have the records certified?
>
>yes.
>
>>
>>2. If so, how do I do that?
>
>Subpoena the records, and offer the hospital custodian of
>records the opportunity to send certified records in lieu of
>appearing. Note that if the records contain details of a
>substance abuse intervention program, then you will need a
>separate court order to obtain them, as per 42 U.S.C 290dd.

1. Do you know how I do that?
     IE: Do I file a motion to have them subpoenaed?

[socrateaser]

>
>>>1. Do I need to have the records certified?
>>
>>yes.
>>
>>>
>>>2. If so, how do I do that?
>>
>>Subpoena the records, and offer the hospital custodian of
>>records the opportunity to send certified records in lieu of
>>appearing. Note that if the records contain details of a
>>substance abuse intervention program, then you will need a
>>separate court order to obtain them, as per 42 U.S.C 290dd.
>
>1. Do you know how I do that?

Usually, a pro se litigant goes to the court and requests a "subpoena duces tecum in blank." The court clerk will give you a form subpoena with the court stamp on it and you can then fill in the witness to be served and the things to be produced.

You can avoid screwing up the form by typing in the witness name, in this case: Custodian of Records, HOSPITALNAME, ADDRESS, CITY, STATE ZIP, and the date, time and location of trial. Then were you would ordinarily put in what to bring, you can state "See attached," and you can direct the witness of what you want and that you will accept the documents in lieu of their appearance if produced to you within 15 days of the date of the subpoena.

As far as the rest of the legal process, you need to look at the IN code of civil procedure. If you screw up service or form, the witness can usually ignore the subpoena, so be certain you're getting it right, or hire an attorney to fill in the docs for you.


>     IE: Do I file a motion to have them subpoenaed?

Not unless there is substance abuse info in the file.

[mistoffolees]

This is a somewhat related question.

My stbx wife and I were in joint counseling 5 or 6 years ago. While we were both patients, she was the only one given a diagnosis (a diagnosis was required for insurance billing purposes and they listed her as the one with the disorder and that the family counseling was intended to improve her disorder.

I'm going to need to get access to those files. I found that the counselor is now working in a different group, but still has the files.

How do I get those files? Since the diagnosis is in my wife's name, does that prevent me from getting them - even though I was involved in the counseling?

While I have an attorney who will handle it, can you ellighten me on the general process - does she simply ask for the records or should the custody evaluator ask for the records? Or do we wait until it goes to trial and ask the court to subpoena them?

Thanks.

[Imom]

>>
>>>>1. Do I need to have the records certified?
>>>
>>>yes.
>>>
>>>>
>>>>2. If so, how do I do that?
>>>
>>>Subpoena the records, and offer the hospital custodian of
>>>records the opportunity to send certified records in lieu
>of
>>>appearing. Note that if the records contain details of a
>>>substance abuse intervention program, then you will need a
>>>separate court order to obtain them, as per 42 U.S.C 290dd.
>>
>>1. Do you know how I do that?
>
>Usually, a pro se litigant goes to the court and requests a
>"subpoena duces tecum in blank." The court clerk will give you
>a form subpoena with the court stamp on it and you can then
>fill in the witness to be served and the things to be
>produced.
>
>You can avoid screwing up the form by typing in the witness
>name, in this case: Custodian of Records, HOSPITALNAME,
>ADDRESS, CITY, STATE ZIP, and the date, time and location of
>trial. Then were you would ordinarily put in what to bring,
>you can state "See attached," and you can direct the witness
>of what you want and that you will accept the documents in
>lieu of their appearance if produced to you within 15 days of
>the date of the subpoena.
>
>As far as the rest of the legal process, you need to look at
>the IN code of civil procedure. If you screw up service or
>form, the witness can usually ignore the subpoena, so be
>certain you're getting it right, or hire an attorney to fill
>in the docs for you.
>

1. Do I have them send them to me or the court?

[socrateaser]

>1. Do I have them send them to me or the court?

To you. However, I'll bet that thete's something in the IN code which will require you to notify the other party that you're trying to obtain medical records. So, make sure you get it right.