+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    NoOneYouKnow Guest

    Opposing Attorney Using Medical Info Not Authorized for Disclosure to Him or His Clie

    What is the name of your state? Ohio

    Four days before my marital dissolution/divorce hearing, my ex's attorney told my attorney that I "was running all over town getting copies of medical records" for a veterans disability pension. Since I never gave my ex or her lawyer a release to access any of my medical information, it's obvious this information reached her attorney via an illegal method. The copying issue is true, but was requested by a government agency and all done by mail. The ex was not involved in the issue. No one knew of the request other than the government agency and the medical practioners making copies.

    I'm curious:

    1. Is this a HIPAA violation since HIPAA does not protect just medical information in computer systems, but all "personal health information", even that heard in the medical office environment?

    2. Is this receipt of stolen property (medical information not authorized for disclosure to these two people and medical information considered privileged under the Ohio Revised Code)?

    3. Is it conspiracy to steal information?

    4. Does this have potential for an invasion of privacy lawsuit issue against the ex's attorney since he obviously admitted he was aware of information regarding my medical information which is protected by HIPAA?

    5. Is this a criminal case on the state or Federal level?

    6. Is this a violation of the legal profession's code of ethics to use legally protected information without authorization?

    7. Who do I make a complaint with, my local prosecutor, the US Department of Health and Human Services under HIPPA, the FBI, the local bar association?

    Thank you.

  2. #2
    Boxcarbill Guest
    Since you have an attorney, why don't you ask him. I'm curious, however, how you make the leap from your ex-wife having told her attorney that you were gathering "medical records ' for a veterans disability pension'" that her attorney has the medical records? That is a big leap. Knowing that someone was seen going into "medical records" office is not the same as having a copy of their medical records or even that they have medical record in the "medical records" office. I think before you get busy making accusation, particularly against a lawyer, that you be sure of your facts because the reaction is likely to be the same as you would get from biting a bear in the butt.
  3. #3
    NoOneYouKnow Guest

    Thanks for the reply...

    I was sort of looking for other opinions. I'm going to ask him when I see him in a couple of weeks on another manner.

    I made the leap since her attorney raised the issue first. Even my attorney did not know I had made the application for the veterans benefits which begs the question--how did the opposing side get info on it since all the records requests were made by a third party to and from the holders of the medical information through the US mails?

    The ex also works locally in the medical field, too, which raised a red flag to me.

    I'm not going to do anything my own counsel doesn't bless and say he'll handle. I appreciate your comment about biting a bear on the butt; a similar thought has been running in the back of my mind.

    I still think a HIPAA violation happened to me in any event since I did not authorize disclosure of any of my medical information to this attorney which begs a new question: what is his legal right to have that infomation since HIPAA protects not just the record, but all personal health information in a medical practioner's activity that relates to an indivual.
  4. #4
    Boxcarbill Guest

    Re: Thanks for the reply...

    Originally posted by NoOneYouKnow
    I was sort of looking for other opinions. I'm going to ask him when I see him in a couple of weeks on another manner.

    I made the leap since her attorney raised the issue first. Even my attorney did not know I had made the application for the veterans benefits which begs the question--how did the opposing side get info on it since all the records requests were made by a third party to and from the holders of the medical information through the US mails?

    The ex also works locally in the medical field, too, which raised a red flag to me.

    I'm not going to do anything my own counsel doesn't bless and say he'll handle. I appreciate your comment about biting a bear on the butt; a similar thought has been running in the back of my mind.

    I still think a HIPAA violation happened to me in any event since I did not authorize disclosure of any of my medical information to this attorney which begs a new question: what is his legal right to have that infomation since HIPAA protects not just the record, but all personal health information in a medical practioner's activity that relates to an indivual.
    You missed my question entirely. How do you know that he has the medical records. I don't know how to make my question any clearer. Knowing someone has made application to whatever for whatever purpose and having a copy of the documents made in connection with the application are two very different things. Knowing that I bought a car; does let the person with that knowledge be in possession of a copy of the bank loan papers. Comprehend. Have you seen a copy of your medical records in her lawyer's hand, desk, file cabinet or anywhere else?
  5. #5
    NoOneYouKnow Guest

    to answer your specific question

    to answer your specific question:

    1. No I have not seen him with my records in his possession.

    2. The only proof I have is something amiss is he (the opposing attorney) made the statement to my attorney he knew records had been copied for me for that application at multiple locations.

    So maybe there's another operative question here that's not so obvious to me--how did he get that information without invading my privacy since he has no disclosure authorization from me to hand to those medical people who have my records?
  6. #6
    Boxcarbill Guest

    Re: to answer your specific question

    Originally posted by NoOneYouKnow
    to answer your specific question:

    1. No I have not seen him with my records in his possession.

    2. The only proof I have is something amiss is he (the opposing attorney) made the statement to my attorney he knew records had been copied for me for that application at multiple locations.

    So maybe there's another operative question here that's not so obvious to me--how did he get that information without invading my privacy since he has no disclosure authorization from me to hand to those medical people who have my records?
    People talk. And, no, there is not a privilege regarding, "Hey, so-and-so came in to our office to apply for a loan or to pick up a copy of their medical records or a copy of their legal file or their academic record. They are changing doctors or changing lawyers or applying for a job or disability or into a graduate program. "

    Side note: Before I even closed on my office building, the librarian in the law library of the courthouse had heard that I was buying the building and she knew where the building was located and who I was buying it from. I asked how she knew and she said a couple of people had been talking about. Like I told her heck, I'm flattered. First, that anyone knows who I am and second that they are interested enough in me to pay attention to what I'm doing and third that they found my buying the building interesting enough to tell other people.

Similar Threads

  1. Opposing Attorney
    By AmendmentE in forum Libel / Slander / Defamation
    Replies: 3
    Last Post: 02-18-2012, 12:27 AM
  2. School Disclosure of Medical info
    By Snapp in forum Education Law
    Replies: 8
    Last Post: 06-23-2011, 06:32 AM
  3. Opposing counsel tried to seek personal info on 3rd party - recourse?
    By nolegirl in forum Legal Ethics & Lawyer Malpractice
    Replies: 6
    Last Post: 06-27-2010, 07:53 PM
  4. opposing attorney was my attorney earlier
    By aarennels in forum Legal Ethics & Lawyer Malpractice
    Replies: 0
    Last Post: 01-18-2009, 03:03 PM
  5. Attorney gives out Privelliged info to opposing team, causes big problems
    By crussgo in forum Legal Ethics & Lawyer Malpractice
    Replies: 2
    Last Post: 06-18-2005, 12:42 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.