What evidence is need for a state’s attorney to get access to a person’s medical records?

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What evidence is need for a state’s attorney to get access to a person’s medical records?

Asked on November 19, 2013 under Criminal Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends but basically if a subpoena is issued for release of those records and those records are relevant to the charges (either the records of the person being charged or the records of the victim), not much "reason" is needed. If the entity who receives the subpoena wishes to protest it, they can but that would mandate a hearing and so can your defense attorney but absent any specific reason (think irrelevant), the subpoena will move forward.


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