If my medical information was leaked without my consent, what are my legal right and what actions can and should I take?

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If my medical information was leaked without my consent, what are my legal right and what actions can and should I take?

I am 18 years old of age and had an abortion about 6 months ago; I went with the Planned Parenthood. On the forms that I filled out I did not put any information about my parents and I also paid in cash. I did not tell anyone and it was kept between my boyfriend and I. My father recently acquired papers from an unknown source with my personal information about the abortion. I had signed the contract of confidentiality and this information was released without my consent. On a side note, my parents are divorced so I do not talk with my father.

Asked on August 7, 2012 under Malpractice Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I am sorry this happened.

You should sue for invasion of privacy.  The tough part is going to be proving that Planned Parenthood or its employees leaked the information.  That would be made easier if the papers that your father acquired contained additional pages or information that you and your boyfriend did not have copies of.

You would probably want to sue planned parenthood and your father together. 

 

The elements of a claim of invasion of privacy based on the public disclosure of private facts are as follows: “(1) public disclosure (2) of a private fact (3) which would be offensive and objectionable to the reasonable person and (4) which is not of legitimate public concern.” (Shulman v. Group W Productions, Inc. (1998) 18 Cal.4th 200, 214.)

If you live in Southern California, I would like to talk to you more about this case--please feel free to contact me.

 


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