Civil lawsuit against mental health agency

[LdiJ]

That's pretty offensive. does no one have any real advice? I guess it wouldn't matter to know criminal charges were filed before I ever thought of civil issues.... As a single mother of 3 I work my butt off to provide and this senseless, malicious case put my daughter under major distress as well as myself. It angers me an entity has no real responsibility in protecting healthcare records, and they did get fined by my state... So this is not just about money, it's about justice and making sure this can't happen to anyone else. I've already done a lot of talking to various agencies about how in the digital age entities can have alert systems etc when it comes to accessing electronic records. So, just because I didn't tell you guys my entire life in regards to this issue doesn't mean I'm more worried about money, it's actually the last thing I started talks about. Hence, the only real advice I got here, the statute of limitations.... Which could very well be the one thing that keeps me from monetary damages.....only because I haven't filed suit why? Because I was too busy getting my family stable again and holding people accountable.
Any real advice? Statutes? Case info? Anything other than insults....

The real problem is that legally the entity could not withhold the records from the child's father, and the child's father had the legal right to give them to whomever he chose. It was a morally repugnant thing for the child's father to do, but nevertheless, legal.

The illegal thing that happened was the GF accessing the info, and she and the entity have both been/are being punished for that. You could sue for monetary damages if you are within the statute of limitations, but since the records ended up being available to them via a legal source anyway, it would be difficult to prove that the damages were due to the illegal actions of the GF.

By all means speak to an attorney. If you find an attorney who is willing to take the case on contingency, you might have a shot at it. If you cannot find one willing to take the case on contingency, then its probably a no-go.

 

[eerelations]

The real problem is that legally the entity could not withhold the records from the child's father, and the child's father had the legal right to give them to whomever he chose. It was a morally repugnant thing for the child's father to do, but nevertheless, legal.

But this man is not the child's father!

 

[Just Blue]

But this man is not the child's father!

Please reread. The father of the child in question "gifted" the info to Stepdad.

 

[eerelations]

Please reread. The father of the child in question "gifted" the info to Stepdad.

Ah OK, I didn't read far enough into OP's first post, got stuck on the first paragraph.

 

[Just Blue]

Ah OK, I didn't read far enough into OP's first post, got stuck on the first paragraph.

Been there. Done that. Have the tee shirt.

 

[Paleogirl]

Hi Bluemeanie, I reported the offensive post and I guess it was removed. Someone insulted my parenting... Sad

 

[Paleogirl]

I do believe it would a difficult civil case. The custody case was a mess. The opposing sides attorney employed the woman who stole my daughters records after she got fired from the healthcare office, she was her office person throughout the custody case and she had a part in faxing the request for medical records release to the attorney by my daughters father...even my daughters GAL was furious over how everything went down.
Now that I see her father can't be denied records I'd have to focus more on the mishandling of my private information at the office. I just can't find cases in my state to compare to.
I can't find a free consultation so far with a medical lawyer...

 

[Zigner]

I do believe it would a difficult civil case. The custody case was a mess. The opposing sides attorney employed the woman who stole my daughters records after she got fired from the healthcare office, she was her office person throughout the custody case and she had a part in faxing the request for medical records release to the attorney by my daughters father...even my daughters GAL was furious over how everything went down.
Now that I see her father can't be denied records I'd have to focus more on the mishandling of my private information at the office. I just can't find cases in my state to compare to.
I can't find a free consultation so far with a medical lawyer...

A "medical lawyer" (ie: medical malpractice) wouldn't the the correct type of attorney. Then again, since you really have no case, I don't think there is any correct type of attorney.

 

[Paleogirl]

A "medical lawyer" (ie: medical malpractice) wouldn't the the correct type of attorney. Then again, since you really have no case, I don't think there is any correct type of attorney.

Thank you Zinger for your reply. with me having no case, are you saying that there are no privacy laws at the state level that have been broken? or breach of duty etc. The entity only fired the woman they did not try to prosecute even though she had broken a federal law and she also forged my sons fathers name and created a fake file in order to gain access to his medical records from his pediatrician. No one would help me hold her accountable. I had to do it all myself.
Why do I not have a case against the entity in your opinion? please take a look at this article, this is why I considered going after the entity. Thanks again
http://www.indystar.com/story/news/2014/11/14/m-award-upheld-walgreen-pharmacist-shared-patient-data/19035783/

 

[Zigner]

Why do I not have a case against the entity in your opinion?

Because the improper release of the information isn't what caused your problems.

 

[Ohiogal]

Thank you Zinger for your reply. with me having no case, are you saying that there are no privacy laws at the state level that have been broken? or breach of duty etc. The entity only fired the woman they did not try to prosecute even though she had broken a federal law and she also forged my sons fathers name and created a fake file in order to gain access to his medical records from his pediatrician. No one would help me hold her accountable. I had to do it all myself.
Why do I not have a case against the entity in your opinion? please take a look at this article, this is why I considered going after the entity. Thanks again
http://www.indystar.com/story/news/2014/11/14/m-award-upheld-walgreen-pharmacist-shared-patient-data/19035783/

Here is the thing: HIPAA does not have a private recovery clause that allows for private causes of action. This case mentioned is an outlier. And that case is in Indiana. Why do you think it is precedent for VA? Hint: It is not. Plus it would be a federal court action so search for attorneys who work in the Federal courts.

 

[Paleogirl]

Because the improper release of the information isn't what caused your problems.

Ok fair enough, so what caused my problems in your opinion? I highly doubt there would have been a full custody request by the father of my son had his new girlfriend not been in my daughters records. At best I might have gone to court for visitation changes, possibly....so the legal fees I incurred increased tons due to the nature of having to defend myself.

Ohiogal: if state privacy laws were broken and breach of duty by the entity to protect my daughters healthcare info how could it be a federal civil suit? I didn't think federal dealt with civil litigation. TIA

 

[Zigner]

Ok fair enough, so what caused my problems in your opinion? I highly doubt there would have been a full custody request by the father of my son had his new girlfriend not been in my daughters records. At best I might have gone to court for visitation changes, possibly....so the legal fees I incurred increased tons due to the nature of having to defend myself.

That is simply a supposition.

 

[Ohiogal]

Ok fair enough, so what caused my problems in your opinion? I highly doubt there would have been a full custody request by the father of my son had his new girlfriend not been in my daughters records. At best I might have gone to court for visitation changes, possibly....so the legal fees I incurred increased tons due to the nature of having to defend myself.

Ohiogal: if state privacy laws were broken and breach of duty by the entity to protect my daughters healthcare info how could it be a federal civil suit? I didn't think federal dealt with civil litigation. TIA

HIPAA is federal. Federal courts deal with federal laws. What state law was broken? I'll wait.

 

[Paleogirl]

2006 Code of Virginia § 32.1-127.1:03 - Health records privacy
This is all I Know, part of the reason I came here... Was to maybe be guided to more.
There is a federal case underway for criminal charges...