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grantlawpc
grantlawpc, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31
Experience:  United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries
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Background: Under my personal Chapter 7, I transfered a pending

Resolved Question:

Background: Under my personal Chapter 7, I transfered a pending settlement claim for a neck injury resulting from a car accident in 2008 to the Bankruptcy Trustee. The Trustee hired her own trial lawyer to sue the two driver's that allegedly caused the 4-car accident. I learned today that all of my doctors (primary care, MD specialists, physical therapists, chiropractors, etc.) received a court order to furnish all of my medical records to the two negligent driver's respective law firms. Since the court order was broadly stated, my doctors feel obligated to provide all of my medical records, even the ones that are not related to this accident.

Do I have any recourse if my medical history is leaked to the public at large by either of these law firms? I assume that I am not protected under the privacy law act.

Would you recommend that I inform the trustee's attorney or do you believe that they were duly notified by the court of the subpoena requesting my medical records?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  replied 2 years ago.
Although this might appear to be a bankruptcy question, I think it is really a HIPPA question.

Your Chapter 7 trustee owns your lawsuit against the car accident defendant and can prosecute it however he (or his lawyer) see fit. He is under no particular duty to keep your medical privacy private.

My gut is that you, however, still have those rights. Unfortunately, you will have to enforce them on your own account.

Maybe the real question is, who do you not want to see your irrelevant personal records. I would expect that the litigation judge would be more than willing to place a seal on any records that don't specifically relate to the (now) Trustee's claims.

I can't speak to recourse under invasion of HIPPA rights, since that isn't a bankruptcy question.

If you were to inform the bankruptcy trustee about your concerns, my gut is that he wouldn't care....

Let me know if you feel like I missed the spirit of your question. and feel free to ask any follow ups...

R
grantlawpc, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31
Experience: United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries
grantlawpc and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Would your opinion remain unchanged for the defendent's attorney who requested and obtained the court order? I am not as concerned by the trustee or his attorney. My concern rests with the other drivers and/or their respective attorneys. Equally important to me is to place the proper safeguards to prevent a future/potential employer to access my medical history via the court records.
Expert:  replied 2 years ago.
My point generally was that the Trustee is going to generally care less about your personal privacy.

I have not heard of an independent duty of your Trustee to keep your personal information private.

Your arguments all sound good, I just think that they have to be made your personal account on your nickel...

I can't speak to the duty of a an opposing party in litigation to keep the information obtained through discovery private.

Shoot your follow up questions to me...
grantlawpc, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31
Experience: United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries
grantlawpc and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  grantlawpc replied 2 years ago.
I highly suspect you are not a normal customer. (not that I am concerned). What's up? Can you bring me into the fold?

I tried to private messenger you and it was oddly unapproved...

However, I am happy to answer any questions you may have!

R.
Customer: replied 2 years ago.

I forwarded another question to you, but it was redirected to another attorney. My account was placed on suspension because of excess use. It should be rectified by now. Thank you.

Expert:  replied 2 years ago.
ok.
I'll watch for it.
grantlawpc, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31
Experience: United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries
grantlawpc and 4 other Bankruptcy Law Specialists are ready to help you

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United States Bankruptcy Code: Chapter 11 Business Attorney; Restructuring and Recoveries