Did my ex, who is a doctor, violate my HIPPA rights?

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Did my ex, who is a doctor, violate my HIPPA rights?

My ex shared my personal medical information with my employer without my permission. The information he shared was both inflammatory and untrue. It resulted in me having to take time off from work to clear my name and prove that he was lying (which I did prove). By sharing this information and then making up inflammatory lies about me, did he violate my HIPPA rights? Or any other law? He is continually filing false police reports against me, CPS reports against me and contacting my employers to try to get me fired. His behavior is escalating and I do not know how to stop him.

Asked on August 25, 2012 under Personal Injury, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

HIPPA applies to physicians and their patients.  A physician may not disclose information regarding their patient's healthcare to a third party without the written consent of the patient.  If your ex was never your treating physician, it is likely HIPPA did not apply.  However, to be sure you can check with the American Medical Association, who investigates possible HIPPA violations.  If your ex is making false statements about you, which he knows are not true and which have caused you financial damage or harm, this is slander and it is actionable.  That being said, slander cases are difficult to pursue and prove and there would be out of pocket costs to you that you should consider before moving forward.  Other options would include making a report to your state's Board of Medical Examiners.  This is the board who regulates physician's and their practices and their fitness to practice.  You could also consider criminal charges, as making repeated false police reports and false reports to CPS is a crime.  I would suggest you look into obtaining a restraining order against your ex, which would hopefully prevent this kind of behavior.  I would also consider hiring a family lawyer to help you investigate other avenues to stop this behavior.  


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