Okay...so here is the issue in a nutshell:
My wife and I are going through a divorce. She has been hurting me any way she can legally and financially. What she did was try to get it to where I cannot get any type of physical custody of my daughter. I was seeing a theripist regarding being sent back to Iraq. Information regarding the diagnosis was sent by mistake to a joint email account. She pulled it off and used it against me stating that I would harm my daughter because of issues I had in Iraq. Also, when I was 18, I was convicted of sex with a minor. The girl bascially lied about her age. This was 8 years ago. She pulled that paper work and made alligations that I could possibly molest my daughter because of my past legal issue. She later admittinly told me she didn't belive ANY of that and only did it to protect herself. Does anyone know if I can do anything about this? Lawyers are expenive and I just want to know if I have any chance of doing anything about it.
2007-07-24 09:25:26 · 11 answers · asked by Josh 3 in Family & Relationships ➔ Marriage & Divorce
FYI
The medical paper work was to only for the eyes of the military doctors. It was confindential information. I was NOT supposed to be sent to my email.
2007-07-24 09:26:52 · update #1
What you have is basically your word against hers concerning what she says she believes. Since this was mistakingly sent, it makes it no ones fault and unfortunately it landed in the wrong hands and was used against you. Since she didnt obtain this information illegally or use it with criminal intent,there is little you can do legally and now is out in the open, it can beused against you although any court could get it if a allegation was made against you anyway. Youre going to have to learn to deal with this now
2007-07-24 09:34:34 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
No, you can't do anything unless you can prove to the court that she lied. Don't worry, though. Your past will not haunt you. They do look at details of a case and will see that you weren't a 50 year old "molesting" a 5 year old. It's very hard to take away parental rights. There are people in prison who still see their children. I know it's not fair to pay all of these legal fees, but your daughter will thank you later. If your ex continues taking you to court, it might be one of those situations for your own "peace" to let things go. I have heard of lawyers accepting a type of "attorney insurance" that you pay like $15 -20 a month. A group of lawyers in your area participate in the plan so that you can have peace of mind of not forking out a bunch of money all at once.
2007-07-24 09:35:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First you have a lawsuit against the doctor that sent that paperwork. HIPAA laws are very strict. Second you definitely have a chance to do something about this. You have never harmed your daughter. I know lawyers are expensive but some will do pro-bono work. Plus I'm sure the military must have some resources to assist you. I would definitely fight it.
2007-07-24 09:32:14 · answer #3 · answered by always an opinion 4 · 0⤊ 0⤋
Any false information which is a lie or slander about you would be considered perjury. Attorneys are expensive; however, I suggest you find some assistance through a legal clinic or "lawyer in the library" law library program. Do not attempt to negoiate a divorce yourself...you will end up getting screwed.
2007-07-24 09:29:52 · answer #4 · answered by marianne 3 · 0⤊ 0⤋
I would talk to a lawyer because I think her taking you confidential medical records, is extremely illegal! I think you can press charges against her for that. There are confidentiality laws to protect from this happening. Unfortunatley, the information is already out there now and hopefully will not hurt you in the end.
Good luck.
2007-07-24 09:29:29 · answer #5 · answered by Kimberly P 3 · 0⤊ 0⤋
Oh honey she has you by the nut$ huh? Well you really need a lawyer if she is already trying this crap. And by the way find out who sent the email and have their but . Hey there is the money for the attorney, Good luck
2007-07-24 09:30:36 · answer #6 · answered by cwilsonhappylife 3 · 0⤊ 0⤋
There are some lawyers that will offer a free consultation. Sounds like slander, and a breach of fiduciary duty on the part of hte doctor. Look around to see if you can find a lawyer near you that will offer a free consultation. Also check out http://family.findlaw.com/ to see if you can find info there. Good luck.
2007-07-24 09:29:48 · answer #7 · answered by #2 (It's a Girl!!) due 5/27/ 2 · 0⤊ 0⤋
The joint e mail account is under her name as well..so yes, now she can do with it as she pleases..however....the person that sent it may be responsible for this, but not if you gave them the wrong e mail..which they wouldn't know unless you gave it to them...he/she probably didn't have a clue and you told them to send it to that addy..so the liability is probably off them anyway...but You wouldn't want to sue them, for you did give them the addy to send info to you
2007-07-24 09:43:14 · answer #8 · answered by pcbeachrat 7 · 0⤊ 0⤋
Go after the doctors for releasing private medical information under the HIPAA law take the big fat paycheck you get from them and go after your ex for custody...fight fire with fire!!
2007-07-24 09:29:53 · answer #9 · answered by Notagain 6 · 0⤊ 0⤋
similar, but false accusations were written about me, there was no punishment, i dont know if there is any. though those things were never mentioned at all by the judge or mediator,, i think they know when people are just reaching for what ever they can. theyve seen it all.
2007-07-24 09:45:14 · answer #10 · answered by nodumgys 7 · 0⤊ 0⤋