Can a defense attorney give my medical records to another doctor to review without my consent?

Asked on September 26, 2014 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, your attorney should not do this, and it may be a violation of professional ethics to have done so. However, unless you suffer some injury or loss from this, you would not have any viable legal action--the most you could likely do is file a complaint or grievance against your lawyer. This would be, however, on the scale of things, a minor violation, and one unlikely to get much (if any) sanction. Assuming that your lawyer has otherwise been acceptable and you'd like to continue using him or her, your best bet is likely to just inform the lawyer (first orally; then in writing as a follow-up) that in the future, you need to be consulted before your records are shared with anyone.

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