Q: What is idaho's Civil Procedure to giving medical records to the defendant litigating a civil suit?
An Idaho attorney could advise best, but you await an answer for two weeks. As a general matter, most states have their standardized rules of civil procedure. Find the Idaho rules online (you could probably find them under the unified court system or other public resources, and refer to the section on discovery. Check the date last updated). In addition to depositions and interrogatories, you should find rules for exchange of records or physical examination. That's if it's a state court case. If it's in federal court in Idaho, go to Rule 26 of the Federal Rules of Civil Procedure and for about the next ten rules, you'll see the discovery rules for federal practice. Good luck
A: Thank you Tim! In Idaho, access to medical records is governed by the Idaho Civil Rules. These rules give you the right to access medical records if relevant and not subject to HIPAA exclusionary rules. If you make a proper request for medical records, the other side typically has up to 30 days to respond. The Rules says they must turn over to you any records they possess that you ask for, unless they object and then the rule requires them to state the rule and the reason for not complying and they must then ask the Court for a "Protective Order," and the Court will rule on it. HIPAA is extensive and regulatory in nature. It behooves you to read and comply with those regulations before making a request. I have been absolutely denied HIPAA records despite going to a court to get permission. Good Luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.