Civil lawsuit against mental health agency

[Paleogirl]

What is the name of your state (only U.S. law)? VA
Hello everyone, thank you for the input in adavnce.
Back story:
2013 I was served with court papers from my sons father; he wanted full/sole custody due to abuse he suspected by me and stated possible harm by my daughter who was 10( not his child)towards our son and cited our son was in danger.
Interestingly enough I noticed the complaint had specific details about my daughters mental health care she had been receiving. I took the complaint to the agency and compared that to an eval they had done. The agency employed my sons new girlfriend at the time which I disclosed to them that day. They researched my daughters digital file and found that this woman had been in her records on several occasions and had printed her eval. This eval was used to file the complaint against me.
The woman was fired and is now facing federal charges.
Two months after my daughters file was breached the same agency released her records to her biological father whom had no contact with her for the last 6 years. He then rereleased her records to the attorney representing my sons father for use in the custody case.
Over the course of the next 6 months I incured $17,000 of attorney's fees fighting to not lose custody, lost several clients due to missing work time and had my daughter regress due to her involvement in the case(she was awarded a GAL).
In the end I was able to keep custody and the father recanted his allegations of abuse by me and by my daughter.
Do I have cause to sue the agency for breach of privacy, negligence or malpractice in protecting my daughters records to gain monetary damages in order to pay off my attorney? I feel like if my daughters records had not been breached I would have not gone through a custody battle in the first place, and that the release of her records to her father helped propel the case forward because he rereleased them to the opposing counsel. Could the opposing counsel be in trouble as well? She made copies of my daughters records and gave them to the GAL!

 

[Zigner]

What is the name of your state (only U.S. law)? VA
Hello everyone, thank you for the input in adavnce.
Back story:
2013 I was served with court papers from my sons father; he wanted full/sole custody due to abuse he suspected by me and stated possible harm by my daughter who was 10( not his child)towards our son and cited our son was in danger.
Interestingly enough I noticed the complaint had specific details about my daughters mental health care she had been receiving. I took the complaint to the agency and compared that to an eval they had done. The agency employed my sons new girlfriend at the time which I disclosed to them that day. They researched my daughters digital file and found that this woman had been in her records on several occasions and had printed her eval. This eval was used to file the complaint against me.
The woman was fired and is now facing federal charges.
Two months after my daughters file was breached the same agency released her records to her biological father whom had no contact with her for the last 6 years. He then rereleased her records to the attorney representing my sons father for use in the custody case.
Over the course of the next 6 months I incured $17,000 of attorney's fees fighting to not lose custody, lost several clients due to missing work time and had my daughter regress due to her involvement in the case(she was awarded a GAL).
In the end I was able to keep custody and the father recanted his allegations of abuse by me and by my daughter.
Do I have cause to sue the agency for breach of privacy, negligence or malpractice in protecting my daughters records to gain monetary damages in order to pay off my attorney? I feel like if my daughters records had not been breached I would have not gone through a custody battle in the first place, and that the release of her records to her father helped propel the case forward because he rereleased them to the opposing counsel. Could the opposing counsel be in trouble as well? She made copies of my daughters records and gave them to the GAL!

The child's father has just as much right to receive records relating to his child as you do. Once the father has the records he is allowed to do whatever he wants with them, including authorizing their release to others.
It is very unlikely that you have a case against the agency, but I have to wonder...what did your attorney say when you asked the same question?

 

[Paleogirl]

My attorney is a family law attorney and does not deal with medical law. In regards to the release of the records he filed against the opposing attorney in the state bar and is asking for written auth proof from the father.

 

[Paleogirl]

I did find this though...
The entity knew about the custody case when the woman was fired, are they not liable by duty to make a judgement in the release of my daughter records at that point?
Virginia Statute § 20-124.6
A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records of that parent’s minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B.
B. In the case of health records, access may also be denied if the minor’s treating physician or the minor’s treating clinical psychologist has made a part of the minor’s record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person. If a health care entity denies a parental request for access to, or copies of, a minor’s health record, the health care entity denying the request shall comply with the provisions of subsection F of § 32.1-127.1:03 . The minor or his parent, either or both, shall have the right to have the denial reviewed as specified in subsection F of § 32.1-127.1:03 to determine whether to make the minor’s health record available to the requesting parent. . . .

 

[Zigner]

I did find this though...
The entity knew about the custody case when the woman was fired, are they not liable by duty to make a judgement in the release of my daughter records at that point?
Virginia Statute § 20-124.6
A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records of that parent’s minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B.
B. In the case of health records, access may also be denied if the minor’s treating physician or the minor’s treating clinical psychologist has made a part of the minor’s record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person. If a health care entity denies a parental request for access to, or copies of, a minor’s health record, the health care entity denying the request shall comply with the provisions of subsection F of § 32.1-127.1:03 . The minor or his parent, either or both, shall have the right to have the denial reviewed as specified in subsection F of § 32.1-127.1:03 to determine whether to make the minor’s health record available to the requesting parent. . . .

Did "... the minor’s treating physician or the minor’s treating clinical psychologist has made a part of the minor’s record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person" happen?

 

[latigo]

Why has this issue surfaced now and not at the time of the incident? And at least prior to the expiration of Virginia's two-year statute of limitations. (See: Virginia Code Section 801.243 and/or 801.243.1)

 

[Paleogirl]

This process has been ongoing and I have been in negotiations with the entity since last year under advise from my family law attorney. Negotiations are not looking good, the entity has offered $1500 which doesn't even cover my lost clients during the custody case.
What concerns me the most is that no one from the entity stepped in to protect my daughters records even though there was malicious intent by the parties involved including my daughters father who obtained the records in order to help the opposing side coverup the use of illegal information in the original complaint. At this point, and why I came to the forum was to get advise on whether I could actually take it to trial with a medical law attorney.
I am not even sure what documentation the entity received to prove my daughters father was actually her father, they have been unwilling to give the file showing they had custody papers or the paternity test results.
The allegations were totally false, CPS was called on numerous occasions and reported no findings of abuse or neglect.
If anyone has any knowledge of cases that were actually won, that are like mine, that would be the best information I could have.
I have not been able to find VA cases, only other states

 

[Paleogirl]

Btw... A federal case has been underway since 2014.....it's just astonishing to me that there is not more responsibility on the part of the entity to protect information. I found a case where a pharmacist working for CVS misused her access to get into an exboyfriends file and disclosed an STD to his new Gf, CVS awarded him over a millions dollars and he incurred no legal fees etc just emotion, and mental stress!? I just don't get the difference...

 

[Silverplum]

Btw... A federal case has been underway since 2014.....it's just astonishing to me that there is not more responsibility on the part of the entity to protect information. I found a case where a pharmacist working for CVS misused her access to get into an exboyfriends file and disclosed an STD to his new Gf, CVS awarded him over a millions dollars and he incurred no legal fees etc just emotion, and mental stress!? I just don't get the difference...

Really, you don't see how your complaint is entirely different from the case you mention?

Go back to Zigner's posts, please. He explained it quite well.

 

[eerelations]

OP's daughter is not related to OP's ex.

 

[Paleogirl]

Correct... I'm sorry I don't know what OP means lol.. But yes my daughter and son have different fathers.
Number 1: the entity employed my sons fathers new girlfriend who stole my daughters records and together they filed the custody/abuse complaints. Second; is the biological Dad of my daughter getting the records for the soul purpose of providing them to the attorney of the opposing side to try and rip apart my family. ( which started the entire court case)
So even if the second(the biological father) issue is lawful then please explain the difference between an employee stealing medical records and disclosing to someone close to me in order to hurt me and pretty much the same thing I stated above in regards to CVS. Maybe someone needs to break it down to me specifically? I'm stupid when it comes to law stuff...and can only find statues but they are hard interpret being a layman😜
The entity found that this woman had been in my daughters records several times over the course of two months before they found out....and no one noticed or bothered to look into the digital fingerprints left by her as my daughter continued treatment.

 

[Paleogirl]

Ugh.. I don't know how to edit from this site lol... (Which started the court case) was supposed to go after number 1😳 Sorry

 

[Paleogirl]

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....

 

[Just Blue]

Correct... I'm sorry I don't know what OP means lol.. But yes my daughter and son have different fathers.
Number 1: the entity employed my sons fathers new girlfriend who stole my daughters records and together they filed the custody/abuse complaints. Second; is the biological Dad of my daughter getting the records for the soul purpose of providing them to the attorney of the opposing side to try and rip apart my family. ( which started the entire court case)
So even if the second(the biological father) issue is lawful then please explain the difference between an employee stealing medical records and disclosing to someone close to me in order to hurt me and pretty much the same thing I stated above in regards to CVS. Maybe someone needs to break it down to me specifically? I'm stupid when it comes to law stuff...and can only find statues but they are hard interpret being a layman
The entity found that this woman had been in my daughters records several times over the course of two months before they found out....and no one noticed or bothered to look into the digital fingerprints left by her as my daughter continued treatment.

OP= Original Poster=You

 

[Just Blue]

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....

Nothing said on this thread was "offensive". Perhaps you should consult an attorney if you find the comments of the VOLUNTEERS "offensive".