A Real Heartbreak

[Carole Lindsey]

This might be an unusual situation because I am being sued by my own daughter (with support from her father.) I am an R.N. and I worked for the HMO of which my daughter is a member. She is now 21 yrs. old and she went to live with her father at age 17.5 after I turned her in for credit card forgery, finding a stolen credit card in her room. She had many other behavior issues; promescuity, failing to attend school, achohol and drug use, bad friends, frequent lying, etc. Anyway, A year ago, I was able to get medical information (which I know is protected under confidentiality rules of my employment) The reason I felt compelled to even look, is because my instincts and past experiences dictated that she was still lying and manipulating me. I had asked her repeatedly if she had become pregnant and needed to tell someone, yet she denied it. I found out by this method that she did have an abortion. I kept this information to myself for seven months with it killing my heart. I only told her brother in confidence(he is 23) and he did not divulge this to her or her father. However, I finally got so overcome, that I called her father and told him, hoping that he would get some help for her. Well, this is all coming back on me in a big way. My daughter called my employer and made me lose my job (20 years with the same employer gone). Now she has filed a lawsuit stating that because the confidentially was breached, she has suffered permanent relationship damage with her brother and father because of their views regarding abortion. Mind you, her father is either financing this endevor or providing the attorney, and her brother knew about this many months ago, yet never let on to her. I did not smear her name around to her employer, boyfriend, or anyone else that could cause her damage; I only wanted her father to know so that he could get some psycological help for her( she really has problems). Instead this is all coming back in my face in a very sick twisted way. It saddens me that my daughter wants to disguard our relationship in such a destructive manner, being helped out by a person who has a vindictive agenda. It is obvious to me and to my attorney who is defending me that their agenda is only what they can put in their pockets from anyone who will give it to them. My attorney seems to think that they will have to prove that they have damages specifically related to my actions, not to the procedure itself. They are going after all my retirement and anything that they can get from the HMO. What do you think? I plan on protecting my retirement with bankruptcy if necessary, and I hope that the HMO will not knuckle under. We also plan to put their case through the ringer. Please advise of a good plan of action as well as an educated opinion of what the outcome could be based on precidence. I live in California. Thank you in advance. I'm distrought.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

My heart goes out to you, but you committed two "legal" wrongs: intrustion upon seclusion and Publicity given to private life.

You intentionally intruded on her private affairs. The fact you did it is enough.

But you also made it public. Truth is no excuse here. Please go to the freeadvice.com homepage. At the very top you will see a link to state statutes. please click on it and then click on california. There you will see a list with check boxes. check "civil" code and press search. DO NOT PUT IN KEYWORDS. Then read the following sections:

PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION
CHAPTER 1. DEFINITIONS ......................................... 56-56.06
CHAPTER 2. DISCLOSURE OF MEDICAL INFORMATION BY PROVIDERS ... 56.10-56.16
CHAPTER 2.5. DISCLOSURE OF GENETIC TEST RESULTS BY A HEALTH
CARE SERVICE PLAN ................................... 56.17
CHAPTER 3. USE AND DISCLOSURE OF MEDICAL INFORMATION BY
EMPLOYERS ....................................... 56.20-56.245
CHAPTER 4. RELATIONSHIP OF CHAPTERS 2 AND 3 ...................... 56.25
CHAPTER 5. USE AND DISCLOSURE OF MEDICAL INFORMATION BY THIRD
PARTY ADMINISTRATORS .................................. 56.26
CHAPTER 6. RELATIONSHIP TO EXISTING LAW ..................... 56.27-56.31
CHAPTER 7. VIOLATIONS ....................................... 56.35-56.37

 

[Carole Lindsey]

The damages she is claiming are bogus. She states she cannot work and that the relationships between her father and brother are damaged, eventhough she lives with them and father is providing for the lawsuit. This is indeed a frivolous lawsuit, please advise how to head this off at the pass. Thank You.