Our daughter, 8, has autism, and it's possible that it might stem from a doctor or doctor's malpractice during her delivery. I
January 28, 2015
contacted a prestigious law firm, which expressed an interest. They would like to speak to my wife. The problem is that we are going through a bitter divorce and REFUSES to talk to me about anything. 1) Is there any procedure whereby she can be compelled to talk to me about it, and sue the doctor(s) if we have a viable case? 2) Our daughter has a court-appointed lawyer who is supposed to watch out for her welfare. To what extent can she get involved? "It's all about our daughter." Our daughter requires special education, has problems with social skills, and faces a lifetime of problems, including but not limited to, diminished earnings capacity. My wife is very vindictive and if I want something, she would spite me, rather than helping our daughter.
Aside from the point Mr. Rothstein makes that you'd need an expert, non-speculative medical opinion that a specific obstetrical error caused your daughter's autism (which may be impossible to obtain), your wife's medical records would be put in issue in such a case, and unless she wants to get involved, I can't think of any way she can be compelled. Your wife has HIPPA rights to the privacy of her medical records.
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