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I am in a custody battle and my ex's attorney kept requesting my mental healthe records. I had been in counseling for years trying to deal with my marriage. Well I trusted this counselor. I was court ordered to sign for the release of records to the judge and then she was to decide what if anything was important to the case. Well my previous counselor released records to my ex's attorney when asked. Not to the court and I did not sign release. Is this illegal to do? Would I win a lawsuit for breech of confidentiality?

2007-07-16 15:09:50 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

5 answers

If your former counselor released your records to anyone without your permission sue. Yes, you will win if you have even a half assed attorney.

Report her to the state licensing board and to any professional organizations she belongs to. She can lose her license to practice. If she is a doctor report her to the AMA.

2007-07-16 15:19:33 · answer #1 · answered by lcmcpa 7 · 4 0

Your counselor was prohibited by law to turn over your private medical records without a subpeona from a court of law.

That was what happened or the judge would not have let those records into the legal matter - and the counselor would have lost his/her license and the attny for your ex could have been disbarred.

2007-07-16 22:31:23 · answer #2 · answered by Anonymous · 0 2

Obviously, you need to speak to an attorney. It's difficult to know without knowing what did you sign when you went into counseling. Most counselors have a standard form that lists when the client privilege will be violated such as if you say you will cause bodily harm to someone.

But can you sue? Of course, this is the U.S. Can you win? Who knows?

2007-07-16 22:13:49 · answer #3 · answered by honmani2 2 · 0 2

You can ask your attorney....dont ever sign anything unless you get the okay from your attorney.....good luck with it...

2007-07-16 22:22:07 · answer #4 · answered by Anonymous · 0 0

this is illegal bc it's ur confidentiality and they need our signature inorder to release it.

2007-07-16 23:42:48 · answer #5 · answered by Leilani™ 4 · 1 0

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