How do I get medical records from my wife
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How do I get medical records from my wife
Last year my wife filed for divorce after she abandoned me for a few months. I accused her of lung to me and believe she had a abortion at the begging of our marriage. We are still married and that event has damaged my background and I feel as if she is still holding out on the truth. I don’t have proof I just know she told me she had a miscarriage and went to plant parenthood and then to the university of utah. Now she claims that it was just excessive bleed in as it says on her chart. I have the forms for the release of medical records and I was just curious in how to get the information from her medical history.
Asked on November 14, 2018 under Family Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't get her records. Even leaving aside the laws protecting a person's medical records (like HIPPA) or doctor-patient confidentiality (which the law recognizes and enforces)--even though those alone would be enough to stop you--you could as a general matter only get information which is relevant to a viable legal claim or defenses you have--and you have no viable claims or defenses based on whether or not she had an abortion. It would have been her right to have one--being her spouse gave you no say over it. You cannot base a legal claim or defense on someone else exercising their own lawful rights.
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