Medical Malpractice Attorneys and Lawyers

can a assistant state attorney get medical records from a drug store about my subscriptions with out a suponea

this happen in bonifay fl I was acting as a wittness in a criminal trial of my brother I was not charged with any crime There is no record of subponia at the clerk of court or sherriff office If this lady prosocutor broke the law what and where and how do I take action?

Public Comments

1. Well, it doesn't hurt her to ask, and it's probably not illegal just to ask. If the health care provider turned over the info w/o a subpoena, then you probably have a cause of action against the HCP under HIPAA. If the HCP did not turn over the info, then she would have to get it with a subpoena. However, the court record wouldn't necessarily show a subpoena to the HCP. Subpoenas are generally issued "in blank" which means they are not filled in until after they are issued. This is to prevent people from looking at the court file, finding out who is going to get a subpoena, and interfere or tamper with the process. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
2. Well, actually if the attorney was given the records without a subpeona - your issue is not with her, but with the pharmacy who released them without one. They cannot do that. You - me - an attorney - we can request whatever we want to whomever we want. Asking is not a crime.
3. all they have ot say is hi im from the states atty office I need so and sos med records.
4. Not having a record does not mean there was no supboena. In most states, subpoenas are issued blank to attorneys and litigants who serve them privately. If the pharmacist improperly gave up info, your complaint is with the pharmacist. No law prohibits the prosecutor from asking for confidential info. Instead, if there is a law on the subject it governs the conduct of the pharmacist. In most states, info about prescriptions for controlled substances is made available to state regulatory agencies and can be readily obtained.