Can a plaintiff’s attorney post my non-redacted medical records, personal information and social security number in the public dockets in a civil matter online at the county courthouse?

Is this a HIPPA violation?

Asked on July 16, 2014 under Personal Injury, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What do you mean by "post online?" Unless your state does something different from most, one can not access court documents online.  Usually only generalities - like names of parties and who represents them or their next court date - are listed.  Not specifics.  Even in motion practice only the relief sought and not the actual paperwork is listed on line.  Documents filed in a Civil action become part of the court record.  It is not the type of publication to a third party that HIPPA is meant to protect and he is not the type of provider that is subject to the law. If something should have been redacted for privacy prior to filing then maybe there is an issue with malpractice but that is hard to say with out knowing more.  If necessary make an application to have a record sealed. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.