My husband's ex-wife signed his name to the medical transer document. I have full physical custody of our son, we have joint legal custody. Aside from her signing his name to the papers, has anything else illegal happend here, maybe under HIPPA statutes?
2006-09-07 02:41:16 · 10 answers · asked by ravens_wife_and_master 1 in Politics & Government ➔ Law & Ethics
Find out why she did it and go find a good lawyer.
2006-09-07 02:43:22 · answer #1 · answered by Sonya 2 · 0⤊ 0⤋
If you know where the records were transferred, call that office and let them know what has happened. But also alert the office who DID the transferring. If they want to see a copy of your legal document attesting to child custody, allow it. If they still do not work with you, threaten a lawsuit, noting the illegal signature and violation of stiff HIPAA guidelines. www.hipaa.org, if you care to sift through this mess...but I do suggest calling both places...the responsibility lies with the office originally holding your son's medical records.
Your divorce degree will tell you what rights your ex-husband has as to medical care. Many older divorces give the non-custody parent little to no rights in the matter of medical care unless an emergency. Many of the newer divorces give both parents the right to take action for medical care. Peruse your divorce decree's child custody section.
And shame on her. Communication is key.
2006-09-07 02:51:12 · answer #2 · answered by rrrevils 6 · 0⤊ 0⤋
I would go to the doctors office that transferred the records and explain that you you have full physical custody of your son and that you will hold that office legally liable for transferring his records without your consent and that they better get them back and it had better not happen again or you will get a lawyer. I would also call the doctor's office which they were transferred to and explain that she has no legal standing to be making medical choices for your son and you will hold them legally liable if necessary. Also I would tell her that if it happened again you would bring charges against her if necessary. The joint custody applies to you and your ex-husband not her; I would think she has no legal standing to make medical choices for your son.
2006-09-07 02:53:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She has joint legal custody when she married your ex. What you can do is contact a lawyer and see if something can be done to prevent it from happening again. I am sorry to say but if the ex has any form of custody that automatically means they can make legal decisions and therefor anyone who they are married to become a legal guardian when the child is present. Of course every state has different laws. Contact a lawyer that does free consultations and see what the laws are pertaining to you.
2006-09-07 02:44:51 · answer #4 · answered by passionparties_by_suzanne 2 · 0⤊ 0⤋
Don't just hold her responsible, I'd be losing all grip with the place that released those private records to her especially since she had no legal anything on your son. Get them both.
2006-09-07 02:56:19 · answer #5 · answered by lamp062400 2 · 0⤊ 0⤋
As his Biological Mother you have all rights..............From where ever the medical records were transferred from, you need to talk to the office manager, or the person in charge of medical records.................And transferred to where? her doctor??
Irregardless,, you have to also talk to your ex about his wife changing things without you knowing it...Sounds like she is just trying to start something..............Let the office know that in the future they must have a note signed by you, and that you will let them know personally ...
2006-09-07 02:49:09 · answer #6 · answered by mom of a boy and girl 5 · 0⤊ 0⤋
if she has a power of attorney for her ex then i dont believe their is anything that can be done, if she DONT have a power of attorney then he can file charges of forgery . also consult an attorney just to be safe
2006-09-07 02:51:32 · answer #7 · answered by Mark 6 · 0⤊ 0⤋
CALL A LAWYER!!
I'd b*tch slap the women.... I have a step mom myspelf and they try to take over you life.....
Get her...... SUE HER!
I would
2006-09-07 02:43:59 · answer #8 · answered by digitaldancer22 4 · 1⤊ 1⤋
get some chicken wire wrap it around her neck and show her why not to f*ck with you
2006-09-07 02:43:55 · answer #9 · answered by niteshipper 3 · 1⤊ 2⤋
tell him you feel
2006-09-07 02:46:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋