Medical Records

In Georgia, there is no evidentiary privilege regarding medical records. However, Georgia Code 24-9-40 indicates that medical records should be released only in response to a subpoena or a request for production of documents. Remember to certify that it is a correct copy and mail by certified mail.

However, you can only send the documents that are relevant to the question being addressed because of laws of Privileged Communication. The safest way around this dilemma is to first contact counsel and ask what the court issue is about and send only what is relevant while documenting your decision to both parties. If counsel should object to this being too narrow, let counsel use the adversarial process to let a judge determine what else (if anything) she/he will require you to produce.

Medical Records about AIDS

One exception to the general rules about release of medical records involves AIDS patients. If the CSA case you are involved with contains medical information about AIDS, Georgia Code 31-22-9.1A2 states that records about an AIDS patient can NOT be released unless a spouse or child is at risk of getting infected by keeping this information confidential. Even then, you have to notify the patient first before releasing the information. This law is designed to prevent discrimination of AIDS patients by misuse of the communication of their particular problem.

Medical Records in Long-Term Treatment Facilities

Another particular exception that will occasionally be relevant to CSA cases involves Georgia Code 31-8-114(7). This law allows for peer review of patients in long-term care for such things as a Medicaid audit. That auditor has a right to obtain access to a child's (or adult's) record that may contain issues about his/her sexual abuse history and other personal data. However, the peer review information is then also privileged.

Purposely Destroying Medical Records

Some professionals have considered bypassing the maze of laws about privileged communication when receiving a subpoena or request for documents by simply purging the sensitive information out of the records. Purposely destroying parts of a medical record can result in misdemeanor charges. Instead, plan ahead how you will handle such a situation in the proper manner.

Another Person's Report in your Documents

What do you do with someone else's report or material in your medical records? What if Dr. A asks for a copy of Dr. B's assessment of their shared patient and receives Dr. B's report. Later, Dr. A's records are subpoenaed. Does Dr. A share Dr. B's report as well as his/her own findings? NO. This "second-hand" information is legally "undiscoverable". Nothing is stopping counsel from obtaining the same information directly from Dr. B. if it is relevant to the case, but it is improper to share someone else's material.