Asked in Health Care Law for Georgia

Q: When can a hospital give your medical records to THEIR atty?

Im involved in a lawsuit with a hospital. Because of an arrest, THEIR atty is attepting to speed up an appeal hearing by using my own medical records. Is that legal?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Georgia attorney could answer best, but your question remains open for three weeks. If the matter is still pending, it would be best to consult with your attorney who is handling the appeal, or consider consulting an attorney if you are not represented in the appeal. I can't speak for Georgia law, but nationwide, as long as valid medical authorizations are signed by the client, it is usually not a problem. I sometimes encounter the opposite situation, where I can provide medical records to opposing attorneys, but where they are required to obtain records from an independent source, such as a healthcare records management vendor.

This is really fact-intensive and it could be better for a Georgia attorney to examine the situation, instead of relying on a response of a general nature. Is it beneficial or detrimental to your interests to provide those records, or have them use your records that they already have? Does it have bearing on the arrest, or do the arrest and the appeal have nothing to do with one another? Those questions would likely cross an attorney's mind if presented with your question. Good luck

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