Can medical records become public record during a trial?
March 23, 2014 12:37 PM Subscribe
Help me make an informed decision about a plot point in a work of fiction: If your medical/psychiatric records are subpoenaed in a criminal court case, do they become public record?
posted by elizeh to Law & Government (9 answers total)
Let's say I plead not guilty by reason of insanity in a murder, or I'm a defendant in a rape case.
Does my medical or psychiatric evidence then become a matter of public record along with the rest of the court's proceedings? Or would a judge seal those records? If so, are they routinely sealed or only under special circumstances? Would I be able to get assurance that my records were going to be sealed before I went to trial?
What if the records date back to when I was a minor, even if I'm no longer a minor at the time of the trial?
I realize this probably varies state by state, but that's OK. Just share what you got.