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suresh (DS)     06 August 2013

How to get a medical report from usa?

My wife has filed a fake dowry case against me, my family and sisters. And that girl is mental disease and I went to a psychiatrist to examine herself. Wife's side is putting this allegation that I did mental torture but as per doctor discussion that she is sick with the same disease since childhood(8 yrs old). So, I want to grab that report from USA. Please suggest me how can I get report from USA because I asked to the doctor that they can't give me becuase of USA confidential law and said if there would be some court order then she can do that. But I don't know how to make this possible.

Please suggest me to grab the report from USA. I am no more in USA or India.



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 3 Replies

Hemang (Advocate)     06 August 2013

I have had some reservation, while guiding you as I have never made any research on US Statute pertaining to providing information. Nor, I anytime compared the Indian Law and US Law on Information Act. However, I have made search for you. Go through the entire posting. You may apply to the Department of State asking for information. It will be determined as to whether such information should be given and as to under which of the Acts, the subject falls. The officers are doing all this and decide the proper application of Law. 

 

The Privacy Act is a records management act that provides safeguards against invasion of personal privacy through the misuse of records by Federal agencies. Congress passed the Act in 1974 to establish controls over the collection, maintenance, use and dissemination of personal information by the Federal government. The Act applies to records about individuals maintained by agencies in the executive branch of the Federal government and guarantees three primary rights: 1) the right to see records about oneself, unless the information is subject to a Privacy Act exemption; 2) the right to request the amendment of records that are not accurate, relevant, timely or complete; and 3) the right of individuals to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of personal information.

 

The Privacy Act is concerned essentially with name-retrievable records systems. Examples of such systems would include passport, medical, and employment records. For a descripttion of Department of State systems of records maintained on individuals, go to Systems of Records Notices (SORNs).

 

you may request records concerning another person. However, in general, under the provisions of the FOIA and Privacy Act, access to information about private individuals cannot be given to unauthorized third parties without the individual’s written consent. If you provide authorization, your request will be processed with the greatest possible access. If you do not or are unable to provide authorization, your request will be processed, but release of records will be severely restricted to protect the privacy of another individual. (Please see the Authorization for the Release of Records to Another Individual for more information.)

 

You should be a United States citizen or an alien lawfully admitted for permanent residence to the U.S. to make a request for Privacy Act records. (You may request records concerning yourself, even if you are not a US citizen, but your request will be processed under the Freedom of Information Act. Not the Privacy Act.)

 

Now you may be in dilema as to which Act applies: In this connection, it may be pointed out that you do not have to make that decision. When a request is received at the Department of State, the Freedom of Information and Privacy Act staff members will process your request according to the act that assures you the greatest access to records.

 

Gentleman, I have done nothing special for you. A little search on the internet would have served your purpose. Please go to this website of US Government.

suresh (DS)     12 August 2013

Could you please let  me know to get the court order from indian court so that same can be pass to USA doctor to get that report. I would really appreciate.


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