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CalAttorney2
CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I live in VA and have several questions regarding an

Customer Question

I live in VA and have several questions regarding an accident and my signature
My ex-husband claimed I signed by name as my former name and "claimed" he had documents
I have the documents from hospital proving otherwise
How can I get these "forged" documents
Also the hospital released information to him and his wife regarding my information
We had been divorced for 14 years. All of this has caused me tremendous stress
my character has been question and my children actually accused me of a felony
I need help
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 months ago.
Please call me to discuss this
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Regarding getting a copy of your medical records - you will only need to visit the hospital records department and make a request for your records.

See: http://www.cyrss.com/docs/hipaa/StateHIP/va.pdf

Regarding the access of your medical records by your ex husband and his wife, that is a clear HIPPA violation. You can report the facility for this using this link (you may even be entitled to damages).

http://www.hhs.gov/hipaa/filing-a-complaint/

If this information was used to cause further damage, you may want to consider speaking with a personal injury attorney. Emotional damage claims are difficult to prosecute because the damages are inherently difficult for a court to assess (very bluntly, the dollar amounts are usually low making the high costs of litigation usually not a good cost/benefit analysis, if coupled with a defendant that cannot pay an award, it usually makes litigation not worth it). But a local attorney would be the best person to go and see to at least get a formal opinion based on all of the facts (including what exactly was said or published, what exactly the damages are, and what exactly the likelihood of collection would be) - do not rely solely on my "general information" I only provide the analysis above so that you have a better idea of what an attorney may be considering when reviewing your case.

I understand you are looking for a phone call, our forum is switching to what is called "Premium Services" for phone calls, you can learn more about this service here; http://ww2.justanswer.com/help. While I do not participate in this service, several other experts do, and they can provide you with that telephone call using that service.

Customer: replied 5 months ago.
This was not helpful. I have done this already. No one seems to want to help me
\
Expert:  CalAttorney2 replied 5 months ago.

Just to confirm, you have already:

  1. Received a full copy of your medical records from the hospital;
  2. Filed a HIPPA complaint with the Department of Health Services; and,
  3. Had a consultation with a local personal injury attorney
Customer: replied 5 months ago.
Oh yes. I have even called TV stations.
Further I had to put a security code on my account as someone was calling getting information without my permission.
Lastly I was not only accused forgery but threatened with a restraining order if I ever called my ex husbands house (which is where my youngest daughter lives). I received a letter from an attorney with the details on that issue
This is a nightmare. My children have been convinced I committed forgery "to take their fathers money"
My personal information was released to his wife because she gave my birthdate and SS#. Which she would had since we were (he and I) for 16 years
Additionally she works for Centra Health and has access to my records. I do not believe there a signature of ****** *******
dated 5/19/16. If it is that is the forgery
Mail was sent to my ex-husband by Centra even I clearly stated my name address and provided my id. My mail was opened and NEVER forwarded to me. Is this not illegal (no one in that house is ***** ****** and they all know my name it was not a mistake)
To add insult to injury Centra informed my parents that I was not in the ER to check the morgue. This was because they (Centra) had wrong name
Customer: replied 5 months ago.
send
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Regarding the restraining order, there is not a lot I can provide you with on that specifically. Restraining orders can be contested, but I assume that you have probably been to court to fight this order, and for whatever reason you were unable to change the court's mind. You can always go back to court and fight for an amendment, if you do this, I would highly recommend retaining a family law attorney to represent you in this (you would want a specialist), this may make the difference in being able to contact your daughter - they may even be able to come up with some sort of resolution such as providing your daughter with a cell phone you can call on to avoid contact with your ex and his wife (but again, you need to go through the court to do this, you do not want to do this independently and wind up with a restraining order violation causing more problems for yourself - however unfair this situation already is).

Regarding the hospital, this is clearly a HIPPA violation on many different levels, and certainly should be investigated as such. People lose their jobs over these types of invasions routinely (unfortunately I do not have a good explanation as to why this did not happen to your ex's wife - other than possibly, if this was a brand new issue (you say the records were just received in late May) and the report was just made, it does take some time for a HIPPA investigation to take place - so perhaps being patient with the process will lead to results.

Customer: replied 5 months ago.
Thank you . This was not a new issue. The accident was MAY 2015. They obtained records by mid June 2015 and I have been trying to get help since
Expert:  CalAttorney2 replied 5 months ago.

When I said a "new" issue I was referring to obtaining the medical records (the HIPPA violation) that can be reported using the link I provided above if you have not already reported it.

The hospital can be fined severely for releasing these records, and in turn, many health care facilities terminate employees that do this type of thing (as I noted above, this happens routinely).

If you made a report regarding prior medical records issues in the past, you can make a second report regarding new violations.

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