Did my ex, who is a doctor, violate my HIPPA rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Did my ex, who is a doctor, violate my HIPPA rights?
My ex shared my personal medical information with my employer without my permission. The information he shared was both inflammatory and untrue. It resulted in me having to take time off from work to clear my name and prove that he was lying (which I did prove). By sharing this information and then making up inflammatory lies about me, did he violate my HIPPA rights? Or any other law? He is continually filing false police reports against me, CPS reports against me and contacting my employers to try to get me fired. His behavior is escalating and I do not know how to stop him.
Asked on August 25, 2012 under Personal Injury, California
Answers:
Leigh Anne Timiney / Timiney Law Firm
Answered 11 years ago | Contributor
HIPPA applies to physicians and their patients. A physician may not disclose information regarding their patient's healthcare to a third party without the written consent of the patient. If your ex was never your treating physician, it is likely HIPPA did not apply. However, to be sure you can check with the American Medical Association, who investigates possible HIPPA violations. If your ex is making false statements about you, which he knows are not true and which have caused you financial damage or harm, this is slander and it is actionable. That being said, slander cases are difficult to pursue and prove and there would be out of pocket costs to you that you should consider before moving forward. Other options would include making a report to your state's Board of Medical Examiners. This is the board who regulates physician's and their practices and their fitness to practice. You could also consider criminal charges, as making repeated false police reports and false reports to CPS is a crime. I would suggest you look into obtaining a restraining order against your ex, which would hopefully prevent this kind of behavior. I would also consider hiring a family lawyer to help you investigate other avenues to stop this behavior.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.