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Help meeting judge 9/13 Defendant fasified an expired HIPAA document

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zaramerch

Junior Member
Case in New York
I am the plaintiff in a burglary/negligence/emotional distress, against defendants insurance company.
Please help. The Defendant falsified an expired HIPAA document that was in the court files that referred to a one page document. I am have already won the right to Appeal against the judge for
refusing discovery, inaccurate and misleading statements, and overburndeningt all of which he ignored.. Now I have to go before this same judge for a pre trial conference and newly introduce that the defendant has falsified an expired HIPAA form in an attempt to get all my therapists notes and records.
The therapist did catch it and gave me the document. The pre trial conference is this Monday pls help. Any and all advise would be appreciated. I have till Oct. 12 to appeal.
 


You Are Guilty

Senior Member
Case in New York
I am the plaintiff in a burglary/negligence/emotional distress, against defendants insurance company.
Please help. The Defendant falsified an expired HIPAA document that was in the court files that referred to a one page document. I am have already won the right to Appeal against the judge for
refusing discovery, inaccurate and misleading statements, and overburndeningt all of which he ignored.. Now I have to go before this same judge for a pre trial conference and newly introduce that the defendant has falsified an expired HIPAA form in an attempt to get all my therapists notes and records.
The therapist did catch it and gave me the document. The pre trial conference is this Monday pls help. Any and all advise would be appreciated. I have till Oct. 12 to appeal.
If you could try to explain what you are talking about in coherent, logical sentences that provide specifics about what you are asking, you are much more likely to receive a helpful response.
 

latigo

Senior Member
(Your persistence here - two posts on the same subject - prompts me to make a reply.)

I am have already won the right to Appeal against the judge for
refusing discovery, inaccurate and misleading statements, and overburdening it all of which he ignored (sic).
Curiously, since denying discovery is an interim and not a final order what subsection or subsections of Section 5701 of New York’s CPLR are you relying on in an attempt to have the interim order overturned by the appellate court?

And where you write “I won the right to appeal”, does that mean that you made an application to the appellate court and leave to appeal was granted purusant to NY CPLR Secton 5701(c)? Because otherwise you haven’t won anything yet.

. . the defendant has falsified an expired HIPAA form in an attempt to get all my therapists notes and records.
Is it going to be your position at pretrial that the defendant is not entitled to your “therapist’s notes and records”?

Do you truly think that the court is going to allow you to play hide and seek with documentation that directly relates to your cause of action for emotional distress?! If so then get real because a lot of your rights to privacy in this area went out the door as your lawsuit went in!

And when you return to the real world consider the fact that in addition to charging you with the defendants court costs, deposition expenses, etc., etc., the judge may be handing you a bill for their attorney fees!

It seems the judge is already fed up with your lawsuit, which appears to have more holes in it than Methuselah’s underwear.

And incidentally let’s talk about the merits of your claim of liability on the part of the defendant. It is clear that you are not suing the perpetrator of the B&E, but some person(s) or entity whose conduct you claim was a proximate contributing cause of the B&E.

If so, then what is your theory of the case. Is it founded in tort for negligence on the part of the defendant, breach of contract or both? And what proof to you have of either?

In a response to a duplicate post you were told that you were over your head and should get an attorney. Apparently you are ignoring that advice and have chosen to remain pro se “having a fool for client”.*


[*] A. Lincoln said it. I didn't.
 

zaramerch

Junior Member
Hi
I've got 6 IQ points on Obama and Lincoln didn't say that, I did. Garden variety emotional distress can be proved with witnesses and new privacy points to minimal necessary proof and care for risk of harm. I won right om appeal to appeal on the records for the court. First line of defense for appeal ins Rule 26 (b) (1). Then using Lexis Nexis found what discovery I am entitled to. New HIPAA rules hint at 250,000 dollar fine and 10 years imprisonment for what defendant did. If nothing else, then ethics committee which says even lawyers have to obey the law. Case is founded in tort for wanton negligence on the part of the defendant, and breach of contract or both. Expert witnesses, statements of admission to both of us But I have to say congrats to the law firm for getting their client to perjure themselves all over the interrogatories. Nice try fellas.

" You're out of order, you're all out of order. " Al Pacino.
 

You Are Guilty

Senior Member
Hi
I've got 6 IQ points on Obama and Lincoln didn't say that, I did. Garden variety emotional distress can be proved with witnesses and new privacy points to minimal necessary proof and care for risk of harm. I won right om appeal to appeal on the records for the court. First line of defense for appeal ins Rule 26 (b) (1). Then using Lexis Nexis found what discovery I am entitled to. New HIPAA rules hint at 250,000 dollar fine and 10 years imprisonment for what defendant did. If nothing else, then ethics committee which says even lawyers have to obey the law. Case is founded in tort for wanton negligence on the part of the defendant, and breach of contract or both. Expert witnesses, statements of admission to both of us But I have to say congrats to the law firm for getting their client to perjure themselves all over the interrogatories. Nice try fellas.

" You're out of order, you're all out of order. " Al Pacino.
Oh, I'm sorry. If you said you were crazy up front, I wouldn't have wasted my time. (But for the non crazies reading this, rest assured you absolutely do need expert evidence to support a emotional distress claim in NY, and that the FRCP do not apply in NYS courts.)

That is all.
 

tranquility

Senior Member
Crazy? Are you insane? The OP is SIX IQ POINTS smarter than Obama and this thing hints at a quarter-million dollar payoff and civil jail time of a decade.

Who's crazy now?
 

You Are Guilty

Senior Member
Crazy? Are you insane? The OP is SIX IQ POINTS smarter than Obama and this thing hints at a quarter-million dollar payoff and civil jail time of a decade.

Who's crazy now?
Objection - assumes facts not in evidence. What if Obama + 6 IQ points still = crazy? (I'm sure Jet would have argued it does ;))
 

zaramerch

Junior Member
results

It seems the HIPAA laws keep changing. But point more towards maintaining privacy and also stricter when not adhered to. But as written the person who wrote that the law at the moment says 259,000 plus 10 years of jail time is correct. if someone does something with the intent of knowingly trying to get private medical information for their personal gain. If anyone has any new informtion concerning emotional distress claims and protection of privacy and the client I would appreciate it. I keep reading that the courts are changing and recognizing privacy issues does anyone have any information on that?
Or if the therapist feels harm will be done.
 

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