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In our divorce/custody trial, my ex-wife’s voluminous psychiatric were subpoenaed.The judge would not allow us to refer to the records to substantiate testimony. My wife repeatedly lied about matters which were in the records. This greatly impacted the outcome of the trial. I later filed a complaint with the police with hopes that perjury charges would follow. They said they could not investigate because the med records were sealed by statute. Any ideas on how to get these unsealed? I can’t seem to find an attorney who knows how.
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you should file an appeal based on the argument that the judge disallowed information pertinent establishing your wife’s fitness to testify. You won’t be able to get them because of HIPPA laws, but the judge could read them.
Just because something was subpoenaed does not mean you can use it in court. Medical records are protected documents and only the patient can release the information.
However, if she during her testimony on the stand made any reference to the records or said that what she is saying is true and you can just check the records, then she opened the records for both sides to use to substantiate or disprove her testimony.
If she did that, then your lawyer should have pointed it out at the time of the trial. If he let her refer to the records and did not immediately pounce on that fact and ask they be made available to your side then he screwed up. In that case, too bad.
If on the other hand she made absolutely no reference to the records then she did not use them to substantiate her claims. In that case since her side did not benefit from the records, then your side can not benefit either.
Seems to me you had a not-so-hot lawyer.
If she did refer to the records he might try appealing the court order to seal the records to the next higher court. I doubt that will work as he did have his chance.