Can I press charges for defamation of character or libel against my ex-wife for posting my medical test results on my Facebook business page?
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Can I press charges for defamation of character or libel against my ex-wife for posting my medical test results on my Facebook business page?
My ex-wife is a nurse and she posted my medical test results on my business page on Facebook and since then I haven’t had a job. Is she in violation of HIPAA being she’s a nurse? Also, can I press
charges for slander or libel?
Asked on May 22, 2019 under Personal Injury, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is not slander or libel if true: only untrue facts may be defamation. True facts, no matter how they damage you, are not defamation and you can't sue over them being posted.
HIPAA would not apply to her unless she worked for your doctor and she got the results from her employment. If she got them some other way (e.g. you shared them with her) and not in her official capacity as a nurse, then this is not a HIPAA violation.
It may be a violation of her nursing ethics or professional rules: you could report this to the nursing licensing board.
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