QUESTION
As a psychotherapist how should I respond to request for all medical records on a client involved as a victim in a sexual abuse lawsuit?
Asked on Mar 11th, 2021 on Civil Litigation - New York
More details to this question:
I have worked with this client for more than 10 years, she is involved in lawsuit against both a church and a camp where she was sexually abused as a child. She signed a general release in 12/2020. In further discussions, she authorized me only to share narrative summary report. Now I continue to be getting duplicate requests for the entire record. I don’t know how to respond, have ignored recent letters but want to handle appropriately and protect my client’s privacy. Appreciate as specific the guidance as can be shared.
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
Marianne, I understand your predicament. You should be guided by the HIPAA authorization your patient signed. If she authorized the release of her entire medical record and initialed the appropriate box then you can do so with a clean conscience. There are oftentimes differences between a therapist's narrative report and the actual day-to-day, progress notes. Of course, if you wish to be on the safe side, you can speak with your patient and confirm that she's allowing the release of her entire record. At the end of the day, having affirmatively placed her psychiatric condition in controversy, she is going to have to turn over these records one way or another.
Hope this helps.
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
http://kdrpilawyers.com/
Answered on Mar 18th, 2021 at 3:46 PM