I had a trusted counselor that I was going to for mental health issues and to deal with what I was going through in my marriage. Well now I am going through a custody battle. My husband wanted mental health record. The courts ordered me to go sign a release of records. At a previous counselor I was called and made to sign by them. This counselor just released my records. Isn't that illegal? Wouldn't I have been in trouble if I didn't sign, but it was illegal for them to release. Anyone know?
2007-07-16 13:58:28 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Let me tell you again for the man that can't read... I did not sign consent.
2007-07-16 14:05:45 · update #1
The court order was for me to do something not for them to release records without my consent.
2007-07-16 14:07:40 · update #2
Also the court order was for me to sign a release and for them to be released to the judge. They released the records to my husbands attorney. The court was going to look through the records and see what if anything pertained to the case.
2007-07-16 14:12:34 · update #3
If in the USA, your records are protected by HIPA. Get some more lawyers and sue those that released your records without your consent.
2007-07-16 14:04:09 · answer #1 · answered by rjrmpk 6 · 0⤊ 0⤋
If you think something is illegal, and you can collect evidence to prove it was done by whom, then reporting that to the authorities is the appropriate action.
If the court ordered the release of records, I have a hard time believing that it was illegal to comply with the order of the court.
Normally these records are private, not to be released except by permission given by the person the records are on, unless a court orders them to be released.
Once in the possession of someone else, as ordered by the court, or if you gave permission, there are still privacy issues involved.
Your husband and his lawyer probably can use the records in the divorce or custody battle with you, but not for any other purpose.
If records were released that were not by your permission, or not ordered by the court, then you may have grounds for lawsuit, but you will need to research the medical privacy laws in your state.
Your husband may have right of access of your medical records, You may have right of access of your husband's medical records.
This is something that you should ask the lawyer who is defending you in the custody battle.
2007-07-16 21:10:27 · answer #2 · answered by Al Mac Wheel 7 · 0⤊ 0⤋
If the court ordered you to sign a release, then you have legal complaint that your records were released.
You may have a complaint that the new counselor didn't follow the proper paperwork steps to obtain a copy of the written release (assuming that's what happened), but that would do much for you in a lawsuit.
2007-07-16 21:03:02 · answer #3 · answered by coragryph 7 · 2⤊ 0⤋
If a court orders your records released, then they are to be released. This exemption is specifically stated in US Federal and State privacy laws. They don't need your signature if they have a court order. They usually ask for your signature just as a courtesy (in order to make sure that you know they are being released), but if you do not sign it doesn't make any difference.
2007-07-16 21:40:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you signed to give consent you can't sue, you can but it will be dismissed.
2007-07-16 21:03:37 · answer #5 · answered by r1b1c* 7 · 1⤊ 0⤋