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Divorce and my medical records

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leggie63

Junior Member
What is the name of your state (Alabama)?

What is the name of your state (only U.S. law)?
First let me start with I lost my 3 year old grandson in a house fire a year and 1/2 ago. My husband wants a divorce on the grounds that I am addicted to xanax because of my anxiety and panic attacks. Which they got worse when I lost my grandson. I just found out that his attorney got my medical records going back 10 years ago.....is this legal for her to do without my permission or telling my attorney that she planned on doing so per the HIPAA privacy rule?
 


leggie63

Junior Member
I called my attorney as soon as I found out and he knew nothing about it. But I have a insider call me and told me they have my records dating back 10 years. He told me most of what was in it and what he told me was right on the money.
 

mistoffolees

Senior Member
Who is the insider? Will they testify?

If you can prove that the other side illegally obtained your medical records, they could be facing substantial civil and criminal penalties. Here is AMA's summary:
AMA - HIPAA Violations and Enforcement

If you can't prove that they violated HIPAA today, then you could wait until they bring those records into court and that would be proof. However, if they're clever, they won't do so. They'll simply ask the court to order that your medical records be released.

It would be difficult to prove and they can correct it by asking for a court order (although there are penalties even if they correct it later - if you can prove that they did it), so it's not clear that proving their abuse is going to help you. What did your attorney say when you asked them?
 

leggie63

Junior Member
I called my attorney last night as soon as I found out about this....I will be going to speak with him today about this situation....The insider that told me about it is pre-law and was not supposed to pull my case but he is a friend so he did and he told me that they have my medical records dating back 10 years.
My attorney told me he has not received anything stating that they were going to pull my medical records. Thanks for any help anyone can give me on this situation.
 

Ohiogal

Queen Bee
I called my attorney last night as soon as I found out about this....I will be going to speak with him today about this situation....The insider that told me about it is pre-law and was not supposed to pull my case but he is a friend so he did and he told me that they have my medical records dating back 10 years.
My attorney told me he has not received anything stating that they were going to pull my medical records. Thanks for any help anyone can give me on this situation.
The "insider" may be in SERIOUS trouble if he works for hubby's attorney. What he did was unethical and may even be criminal. And hubby could have gotten the records legally. Did you put him down as your next of kin? Did you give the doctors permission to talk to him as your spouse once upon a time and forget to revoke said permission with the doctors? If asked how you got the information regarding your medical records YOU BETTER be aware that you need to answer with the truth if it is requested in a deposition OR interrogatories.
 

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