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Civil rights violated??

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KathleenJ

Junior Member
What is the name of your state? I live in Ohio.
In April of 2003 I had to call our family physician through an answering service (Academy Of Medicine)..my husbands ex wife works there...she listened in on the return call between the doctor and myself regarding my husbands medical condition,advised another of her co-workers to listen for our name and plug all calls with our name into her switchboard. As a result of this,she used the information against my husband and will not allow him to see his child,this has gone on for 2 years now. Also she admitted to a court counsellor that she had done this and continued to do it with the hospital staff calls to our physician. Is this not what the HIPPA laws are intended to prevent?? Any information would be helpful!!
 


KathleenJ

Junior Member
Civil rights violated???

Ohio...Yes we have an attorney,Im just inquiring if there is anything that can be done
 

BelizeBreeze

Senior Member
KathleenJ said:
Ohio...Yes we have an attorney,Im just inquiring if there is anything that can be done
Yes there is.

You can either file criminal charges against the doctor, the Academy of Medicine and against the ex-wife under Ohio Rev. Code Ann. § 2933.65, or civil charges against all of the above.

Ohio Rev. Code Ann. § 2933.52: Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent.


Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Ohio Rev. Code Ann. § 2933.51. The Ohio Supreme Court has held that prisoners do not have a reasonable expectation of privacy in their communications, for purposes of the wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).

Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65.
 

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