Can I file a motion regarding false medical information in my divorce trial?

Full question:

For my divorce trial that took place in Florida, opposing counsel had hired an Independant Medical Examiner to refute my diagnosis of Multiple Sclerosis by my own Neurologist. They wrote a letter to their IME that contained false information regarding my health issues and made outrageous claims that I had told my ex-husband that I had two heart attacks and was terminally ill, which was the card that they played in order to persuade the court that I had defrauded my ex-husband. Furthermore, they did not provide their IME with the over 300 pages of medical records that I had previously given to them. The only medical records that the IME received was opposing counsel's letter stating specific medical findings and conditions, some true and some false, as I found out at trial. At trial, after their IME stated that 'it was probable that I had MS, but not definite', they pulled out the 300+ pages of medical records that I had provided to them and asked their IME if he had seen those documents. He looked at them, and said that he had not seen them, and if he had, he wouldn't have said that it was probable that I had MS, but instead would've had to evaluate me differently. Therefore, it appears that opposing counsel intentionally withheld those medical records, and only told their IME what they wanted him to know prior to the IME. Also, as I mentioned before, I believe there was false information contained in that letter that they wrote to their IME regarding me. As a result, the judge ruled against me, believed that I had defrauded my ex-husband regarding my health issues, and believed opposing counsel when their IME said that he would not have made the diagnosis of 'possible MS ' if he had actually seen all of those records, and would've thought that high cholesterol was causing my neurological problems (ranging from 160-240 in my labs). And, they intentionally did not submit those 300+ pages of medical records into evidence, (and my own attorney refused to for some unknown reason, which contributed to tanking my case) . It greatly affected my case, as the judge ruled against me on just about every request that I made, including denying me an IDO so that I could receive the monthly alimony payments directly from my ex-husband's employment, who, by the way, makes over $500,000 a year and has equity in two internet companies (both of which the judge also denied me any percentage of, because he re-named the first one, and awarded me about $20,000 of the second one, even though I requested to receive half of his percentage equity because the company was planning on being sold, and true value could not be determined until it sold). I have two questions: Is there any motion that I can file with regard to the false medical information given to their IME, as well as their deliberate withholding of pertinant medical records that I had previously provided? And second, I went to the IME's office to obtain my medical record chart that he established, as permitted through the HIPAA laws. The only thing in my chart was his evaluation/final report after the one-time exam, and a copy of that letter from opposing counsel stating why they wanted him to do the IME, as well as listing information regarding my brain MRI's, spinal tap results, and other information with regard to my MS diagnosis that my own Neurolgist had provided. This was only in letter form, and there were no back-up documents provided to their IME. As I stated before, I believe that they also gave their IME false medical information in that letter, but need a copy of it to get specifics. Am I permitted to receive a copy of that letter since it was part of my medical record/chart? The IME's office told me that I could not, but since HIPAA law allows me to get all information contained in my medical record, I was wondering if that would include their letter, especially since it specifically states my medical history. Thanks for your help.

• Category: Discovery
• Date: 04/07/2025
• State: Florida

Answer:

Attorney work product includes writings that reflect an attorney's thoughts, opinions, or legal strategies, and is typically protected from disclosure unless there's a waiver. The attorney-client privilege allows clients to keep communications with their attorney confidential. Whether the documents you seek are privileged will depend on the court's determination. The key difference is that attorney-client privilege usually protects all communications, while attorney work product can be accessed if denying it would result in injustice. Regarding your request for the letter from opposing counsel to the IME, HIPAA allows you to access your medical records. However, if the letter is considered attorney work product, it may not be available to you. The IME's office may be correct in denying you access if the letter contains privileged information. It may be beneficial to consult with an attorney to explore your options for filing a motion regarding the false information and the withheld medical records.