CA/Prop 215 - can an accident attorney subpoena 215 medical info?

[Zarezhu]

[FONT=Arial, Helvetica, sans-serif]Hey guys!

Ill get straight to the point.

I was in an accident, police report says it was the other drivers fault, other driver is denying it.

I went to the chiropractor, he wants to do 20+ sessions within a few months. I have never told my general physician (2-3 years ago when I had one) about any back pain. SOLELY my 215 physician, when I was getting my 99 plant rec. Wrote it on the sheet that they make you fill out prior.

I know his insurance will subpoena my medical records, (i assume just my Kaiser records?) idk how subpoenas work, so I'm not sure if my 215 physician has given the sheet or any information about my back pain to any other agency that could give it up to the other parties attorneys?

His insurance doesnt even know I have my 215, Im just not positive if your 215 physician sends your records to any medical board or something? this could ruin my case and force me to pay the chiro bill and a lawyer bill (im broke).

The physician I usually go to is a kinda cheap and sketchy place that closed down, but they have other locations open and my script is still valid. [/FONT]

 

[dddaver]

I am not an attorney but this had me really curious, so I did a lot of Googling and reading. Only thing I could come up with was, probably yes, any snake probably could, but they would have to meet a whole bunch of criteria first, like first being licensed in CA. But then he would have also have to do stuff like go through an insurance company for the subpeona to be honored for medical records. Again, I'm just not exactly sure, but I don't think HIPPA allows for just any attorney to subpeona just anyone's medical records, including a 215 rec. But those particular recs MIGHT still not even fall under medical records. You would assume they would. But they might not. And if your name is on the state list of cardholders, that is a completely different ballgame and he might have an easier time getting that. Try writing to NORML. Sorry I couldnt be more help.

 

[kmk420kali]

No, they cannot get them, unless you tell them who your Dr is--
215's are not an actual Medical Record, and is not put in your Medical Record as say Kaiser does-- It is only in that particular Dr.'s records--
I only know this because I researched for a friend who had to go through a background check--

 

[redlaser]

Good thing you had a current rec when you had the accident. If you had been hospitalized after the wreck they probably would have taken a blood sample and possibly charged you with dui for cannabis you ingested in the past. Not really answering your question but your situation highlights the need for current recs. I try to get my recommendation with a dr that will show up for court in case it's needed.