Posted by Nydia Streets of Streets Law in Florida Divorce

Are medical records required to be disclosed to the other party in a Florida divorce case? The answer depends on what is at issue in the case. If a party, for example, claims he or she has medical conditions which prevent employment, the medical records are relevant to prove this, and thus may be discoverable. This was an issue in the case Hakim v. Hakim, 3D23-862 (Fla. 3d DCA August 16, 2023).

In this divorce case, the wife sought alimony. She served a request for production upon the husband which requested “medical, psychological, health and mental health records relating to you [the husband] for the past three (3) years.” The husband objected to production of these records and the trial court overruled his objection. He filed a petition for writ of certiorari to challenge the trial court’s ruling.

The appellate court noted “Because of their private nature, an order improperly compelling the production of medical records can constitute irreparable harm because once the information is revealed it is impossible to make it entirely private again.” The court held “Here, however, the husband repeatedly and specifically placed his mental and physical condition at issue by referring to his poor health when seeking relief from the trial court. To give just a few examples, the husband asserted he “earns nominal income” because he is ‘disabled’; he ‘has severe and serious health issues’; he suffers from ‘heart issues, high blood pressure issues, prostate issues’ and ‘poor health, depression, high blood pressure and other maladies.’ He made these representations when asking the trial court to award him exclusive use of a home, special conditions for his deposition, distribution of funds, and other relief.”

The court concluded “Importantly, in several instances, these representations of poor health were verified by the husband under penalties of perjury. In these circumstances, the trial court did not depart from the essential requirements of law in finding that the husband himself, not merely his attorney, put the husband’s mental and medical condition in controversy.” The petition was therefore denied.

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