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  #1  
Old 09-21-2009, 02:11 AM
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Question

medical status exposed


What is the name of your state (only U.S. law)? Oklahoma
I take methadone prescribed by a doctor for pain. a girl that used to work for me was fired aplied 4 unemployment- denied- she appealed the decision and sent a letter to the appeal court telling them my medical status and what rx I take. Is this legal? What can I do? What is the name of your state (only U.S. law)?
  #2  
Old 09-21-2009, 04:50 AM
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The only person not allowed to share your medical information is the doctor. If you allow anybody other than your doctor to find out about any conditions that may exist, they are not bound by doctor-patient confidentiality.

Also, since you made your post in the defamation forum, I wish to point something out to you: if something is true, it can't really be defamatory.
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  #3  
Old 09-21-2009, 11:08 AM
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There is a civil tort called public disclosure of private information and this could fall under that. However, it would depend on how the girl came to get the information and if you have any actual damages.
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  #4  
Old 09-21-2009, 01:29 PM
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An invasion of privacy, publication of private facts tort, as mentioned above would not be available as legal recourse, from what you have posted here. The disclosure of private facts must be made to the public, which Oklahoma defines as the public at large or a group of people so large that the private facts are likely to become public knowledge (think newspaper or website). The tort covers unreasonable publicity given to private facts.

In addition, the disclosure must be highly offensive to a reasonable person. Although the use of methadone to control pain may be something you wished would remain private, it is not likely to be information considered by the courts to be highly offensive if disclosed.

I agree with The Occulist that, if the information about your methadone use came from you, there is little you can do. If this former employee accessed confidential medical records illegally, however, then you should consult with an attorney in your area for advice on how to proceed. But, with no demonstrated damages, there is probably no legal action worth pursuing.
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