An attorney submits proper documentation for emergency medical leave and has to postpone a trial. Can a judge then legally demand that the attorney consent to release her medical information to the court? If so, under what rules? Thank you for any information you can provide.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
We presume you are referring to the attorney’s medical records, and not this or her client’s.
A judge can order an attorney to do just about anything which isn’t illegal. To have ordered the attorney to have to produce medical documentation, whether the attorney’s or the attorney’s client, the opposing attorney may have filed a motion in opposition to the attorney’s motion for a continuance of the trial.
Additionally, the judge may have just been upset at having the trial postponed. This may have been the second or third time the case was postponed, and the judge may have just been frustrated enough to order the attorney to prove he or she was truly and seriously ill.
If the attorney does not comply with the judge’s order the attorney can be fined, or even jailed for contempt of court. The moral of the story is, the judge is always right.
Learn more here: HIPAA Violations and Lawsuits
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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