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Medical History used to Slander My Name. Case?

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exgirlfriend

Junior Member
What is the name of your state?What is the name of your state? Florida

I am a 25 year old girl now. I dated a boy for 3.5 years from the age of 15-18.5 . Both the same age, one month diff. We Loved each other very much, defeating the "you can not know love that young" common phrase. The relationship came to a screaming end when I was rapped and never made a claim against it. We had always said that one day far into the future that if it was meant to be we would find each other again after wounds had time to heal. Sounds like a fairy tail right? I think we all at one time have felt this way or have said this before because your first love you will never forget and you always can't help but wonder. What if this actually happened? What if your love of your life walked through your door 6-7 years later out of know where? This happened for me. Both scared, both interested, both wondering why... I wanted to hear all about the times that had past. What he had gone through in life. I had no clue, no source to ever find out about anything he had done, who he had been with after me, no clue of anything. Fresh and exciting huh? Well the third time meeting, we finally started these conversations and to my surprise he knew a lot about me... true and untrue. But one thing really really surprised me. Hurt me horribly and has since put me in a depression. He told me that he had dated a girl for 2-3 years after me and that she worked at a local hospital. She had told him that she came across my records while fileing them. She read them and told him of what she had seen. Which was that I had been in the hospital due to an extreme STD. It was sooo bad that I actually ended up there in the hospital. From what I understand she did not disclose what I had actually. Just stated that it was an STD, and very bad one! Well, I do not know who else she might have told, but I can imagine that she told at least one friend, perhaps a best friend and we all know that is enough to start a rumor. But the problem is that I know that my ex told a few people because after discussing it to mutual friends they told me that they had heard the storey all ready from my ex who had told them out of concern or embarrassment towards me. They hadn’t told me knowing how upset it would make me and it could have ruined what I wanted and they all new what I wanted. For this possible love connection to start all over again. It was then that I realized it could never be. He had made his mind up about what kind of person I must have been and be. Since he let it slip and told me of this, our speaking has stopped. I do not know why. I assume it is because he then heard the real story of why I was at this hospital. For reasons that would make any ex love feel bad for you for. How many times does a girl have to be broken down? If you know what I mean. After hearing the real and trying to forget the old and all the ifs and whats that he had heard. I for him am ruined. And I am. What can this do to your family business also... Her parents are wealthy from what I understand, and very sociable. My parents and I have always struggled. Hardworking people with a great reputation. How many people have heard this lie and decided that I am not a good person. It is a jewelry store, can I be trusted? That is our business, it’s based around trust! I am angry that this could now effect my family and what we have worked very hard for! Is this considered Slander and do I have a case? The reason I am asking is in this same conversation with the ex when I learned of this disaster we were speaking about my past experiences with harmful men, doing things I do not want to mention. He asked me why it was I never did anything about it. And that I should never again let anyone walk all over me and to from now on take charge of my life. SO that is what I would like to do for the first time in my life! Thank you for your time and any help you can lend!
 


Veronica1228

Senior Member
exgirlfriend said:
What is the name of your state?What is the name of your state? Florida

I am a 25 year old girl now. I dated a boy for 3.5 years from the age of 15-18.5 . Both the same age, one month diff. We Loved each other very much, defeating the "you can not know love that young" common phrase. The relationship came to a screaming end when I was rapped and never made a claim against it. We had always said that one day far into the future that if it was meant to be we would find each other again after wounds had time to heal. Sounds like a fairy tail right? I think we all at one time have felt this way or have said this before because your first love you will never forget and you always can't help but wonder. What if this actually happened? What if your love of your life walked through your door 6-7 years later out of know where? This happened for me. Both scared, both interested, both wondering why... I wanted to hear all about the times that had past. What he had gone through in life. I had no clue, no source to ever find out about anything he had done, who he had been with after me, no clue of anything. Fresh and exciting huh? Well the third time meeting, we finally started these conversations and to my surprise he knew a lot about me... true and untrue. But one thing really really surprised me. Hurt me horribly and has since put me in a depression. He told me that he had dated a girl for 2-3 years after me and that she worked at a local hospital. She had told him that she came across my records while fileing them. She read them and told him of what she had seen. Which was that I had been in the hospital due to an extreme STD. It was sooo bad that I actually ended up there in the hospital. From what I understand she did not disclose what I had actually. Just stated that it was an STD, and very bad one! Well, I do not know who else she might have told, but I can imagine that she told at least one friend, perhaps a best friend and we all know that is enough to start a rumor. But the problem is that I know that my ex told a few people because after discussing it to mutual friends they told me that they had heard the storey all ready from my ex who had told them out of concern or embarrassment towards me. They hadn’t told me knowing how upset it would make me and it could have ruined what I wanted and they all new what I wanted. For this possible love connection to start all over again. It was then that I realized it could never be. He had made his mind up about what kind of person I must have been and be. Since he let it slip and told me of this, our speaking has stopped. I do not know why. I assume it is because he then heard the real story of why I was at this hospital. For reasons that would make any ex love feel bad for you for. How many times does a girl have to be broken down? If you know what I mean. After hearing the real and trying to forget the old and all the ifs and whats that he had heard. I for him am ruined. And I am. What can this do to your family business also... Her parents are wealthy from what I understand, and very sociable. My parents and I have always struggled. Hardworking people with a great reputation. How many people have heard this lie and decided that I am not a good person. It is a jewelry store, can I be trusted? That is our business, it’s based around trust! I am angry that this could now effect my family and what we have worked very hard for! Is this considered Slander and do I have a case? The reason I am asking is in this same conversation with the ex when I learned of this disaster we were speaking about my past experiences with harmful men, doing things I do not want to mention. He asked me why it was I never did anything about it. And that I should never again let anyone walk all over me and to from now on take charge of my life. SO that is what I would like to do for the first time in my life! Thank you for your time and any help you can lend!
I don't mean to be critical, but your post would have been better if you had left out all of the emotional nonsense and just asked your legal question. It is too long as is and filled with irrelevant information.

Having said that, however, I have a question for you; Did you have an STD?
 

exgirlfriend

Junior Member
"dont argue with an idiot, people watching may not be able to tell the difference." What are you talking about here? Who am I argueing with and what people, might not know the difference, To What? That is no help! Why did you even reply to me? Dont waste my time.

After being date raped I did get an STD, the most comman one that has no symptoms. The reason I had to go to the Hospital was because I had a Cyst the ruptured in my uterus. It feels like being stabed. And I bleed like I was stabed also for 2 weeks. I had called my Doctor for advice and they perscribed me a strong Pain killer which then made my stomach bleed. I was lethargic, fatigued, and in a lot of pain so I was rushed to the hospital. While I was there being treated for the cyst they found that I had developed PID (medically an STD also). I got this from Bacteria being able to enter in from the excessive bleeding I was haveing. And then they discovered the smallest of my problems the STD I spoke of before.

Is this information nessesary for my case? I was under the impression that when you enter into a hosipital or under any physicians care that your information is not allowed to be shared with any one under any circumstances. Don't I have any recourse under HIPPA confidentiality laws?

ALSO this person that "came accross my records fileing them"... The timeing is not right. I had not been in the hospital during the that she had came accross my papers. Also, I would think due to this, that she would have had to Look me up. And I would also think that in this day and era, this info would all be on a computer and not in loads of paper work for a secretary to sort through. Why would it be any bussiness for a secretary or Help to look through patent information? And why is it right for her to use it against me to Slander my name and character? Is it My fault that I had any of the problems listed above? Would you like this done to you? Would you be okay with it if it was? AND in a case like this, I Would Think that the personal side to this is very important! It devastated me as I would think it would for anyone else and has put me in a depression worring about all the above. I can not stress that enough. Wouldnt a lawyer try to paint a story for the judge and jury? And if it is not the case, well then that is why I am on here! Because I do not know, and this is an advice forum, right? Are you any lawyer, or in school to be, been in a simular situation... what is it that you do and would you actually like to say something that could help?
 
M

meganproser

Guest
Exgirlfriend: Your post was fine except that on the net, people find it easier to read text that is broken into small paragraphs of two or three sentences. It’s hard to follow the text after three or four lines without a break. :)

You may have some recourse but it would not be through a defamation claim.

And why is it right for her to use it against me to Slander my name and character

In order for something to qualify as slander or libel, it has to be FALSE. Someone revealing true medical information of a sensitive nature, is an invasion of your privacy. :mad:

Do you know the identity of the person who leaked the info? If you could somehow prove that an individual accessed medical records and then revealed your info to others, you would have a claim (though it would NOT be for defamation).

The question is, how can you possibly prove such a thing? How many people knew about your condition because YOU told them? :confused:

You have to file a claim within the statute of limitations. How long ago did you find out that someone was publicizing this info?
 

rmet4nzkx

Senior Member
I would first file a formal complaint against the person with the hospital and also JCACHO. See a med-mal or personal injury attorney. When did these events occur, the rape, treatment, 3rd party discovery, your discovery of injury?
 

Veronica1228

Senior Member
exgirlfriend said:
"dont argue with an idiot, people watching may not be able to tell the difference." What are you talking about here? Who am I argueing with and what people, might not know the difference, To What? That is no help! Why did you even reply to me? Dont waste my time.
rmet is pretty much going where I was going to go with this. I just wanted to let you know that the "don't argue with an idiot...." thing is my signature and was not directed at you. If you look at all of my posts you will see that it is on all of them.

Good luck with your case.
 
F

forumguest

Guest
I am not a lawyer.

I had a somewhat similar question about defamation here concerning someone that came across some of my personal medical information.

I did some research into it. Defamation law from what I read is very complex.
You might want to try and contact the Bar association in the state that the medical records were given out or your own state and ask for a defamation lawyer maybe even get two or three names from them. Most bar associations will refer you to a lawyer who will discuss if for you for free or at a reduced fee around $25 for a half hour consultation.

Lawyers love suing doctors and hospitals so you might be able to find a lawyer to help you just because of that.

To me it seems like defamation because they seemed to say that you had a infectious, contagious, or loathsome disease called STD.

If you don't want to hire a lawyer and you want to research it yourself try Nolo Press at http://www.nolo.com/

Here is some case law I found on defamation.

DEFAMATION--LIBEL PER SE

A written statement is defamatory on its face if the natural and probable effect on the average reader is to defame the plaintiff without the necessity of considering the surrounding circumstances. (Cal.Civ.Code § 45a)

An oral statement is defamatory on its face if it charged plaintiff with a crime imputes in plaintiff the present existence of an infectious, contagious, or loathsome disease
 
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rmet4nzkx

Senior Member
Forumguest,
I'm sorry you are confused and trying to project your perception of your situation onto this post. We ask specific questions so we can advise based on the facts.

In this case, there is not a HIPAA violation because HIPAA didn't exist at that time, there is however, a breach of confidentiality which can be pursued via a PI or med-mad attorney, suing the employee and the hospital and making appropriate complaints. It is a totally different situation.

It is true however, that she can go to the Bar asssociation for a referal and it is possible that in the process of investigation of the complaint or discovery, that evidence of slander or defamation might become actionable, at this point there is not evidence of that.
 

BelizeBreeze

Senior Member
Something just doesn't add up in this entire post.

First, ALL stds must be reported and previous partners contacted. There is no mention of this poster consulting with or discussing her previous partners with anyone. So where is this fact.

Second, the ex-boyfriend could very easily deduced the information once contacted based on his OWN history, making up the story to protect himself in this fiasco.

Like I said, something doesn't smell right here.
 

Veronica1228

Senior Member
BelizeBreeze said:
Something just doesn't add up in this entire post.

First, ALL stds must be reported and previous partners contacted. There is no mention of this poster consulting with or discussing her previous partners with anyone. So where is this fact.

Second, the ex-boyfriend could very easily deduced the information once contacted based on his OWN history, making up the story to protect himself in this fiasco.

Like I said, something doesn't smell right here.
I beg to differ. My cousin was just diagnosed with HPV and at no time did her gynocologist ask her about her sexual history. The doctor just treated her and sent her on her way. She also never mentioned reporting the STD to the health department or anyone else.

I happen to know this because my cousin is a little younger and asked me to accompany her because she needed the support. I was in the room the entire time at my cousin's request. Perhaps the law differs from state to state.
 
F

forumguest

Guest
rmet4nzkx said:
Forumguest,
I'm sorry you are confused and trying to project your perception of your situation onto this post. We ask specific questions so we can advise based on the facts.

In this case, there is not a HIPAA violation because HIPAA didn't exist at that time, there is however, a breach of confidentiality which can be pursued via a PI or med-mad attorney, suing the employee and the hospital and making appropriate complaints. It is a totally different situation.

It is true however, that she can go to the Bar asssociation for a referal and it is possible that in the process of investigation of the complaint or discovery, that evidence of slander or defamation might become actionable, at this point there is not evidence of that.
I am not a lawyer

You might also want ask the Florida Bar or the state you live in for a lawyer that is an expert in health law or civil rights law.

Health law and Civil Rights attorneys are different then PI and Medical Malpractice lawyers.

According to one Health Care lawyer in Florida:

Certified lawyers in health law deal with legal issues involving federal, state, or local law, rules and regulations and health care provider issues, regulation of providers, legal issues regarding relationships between and among providers, legal issues regarding relationships between providers and payors, and legal issues regarding the delivery of health care services.

Privacy Rights Clearing House-Non Profit Consumer Rights and Advocacy Organization

http://www.privacyrights.org/inquiryform.html

http://www.epic.org/privacy/medical/
 
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Katy W.

Member
An oral statement is defamatory on its face if it charged plaintiff with a crime imputes in plaintiff the present existence of an infectious, contagious, or loathsome disease
TRUTH IS AN ABSOLUTE DEFENSE AGAINST DEFAMATION.
 

exgirlfriend

Junior Member
Thank you all for your help and I will do all that is suggested! And in responce to the "fishy" scenario; The doctors/ nurse never asked me for any information on past or present parnters nor was anything written regarding that sort of thing. They just treated me and sent me on my way. No one was contacted. I did have to go in for a check up a month or so later by my normal GYNO just to make sure I was healed and the infection gone. I can not thank you all enough for takeing the time to read and respond to my post!
 

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