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?
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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 9 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.
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