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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I have a pending EEO case. When I gave my deposition and the

Customer Question

I have a pending EEO case.
When I gave my deposition and the lawyer giving the deposition had an individual present at the proceedings as their advisory.
The lawyer went into great depth about my medical records.
Did they violate the HIPPA laws?
I did not give any permission for them to discuss my medical records in the presence of any other individuals.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 4 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of litigation experience. It is a pleasure to assist you today.

The short answer is no, they did not violate your medical records, in all likelihood, by asking questions within a deposition about your medical history. Your medical history, when any component of a case may have some evidentiary basis in that history, is "fair game" in the litigation.

That said, as an example, if the party you are against, subpoenaed your medical records and then a person left the received records out in the open such that a third party with no interest in your case were able to see them, then that would arguably be a violation of your HIPAA rights.

HIPAA is a confusing area of the law, so I completely understand your question. However, in this circumstance, it is very common to ask medical questions in a deposition and it is perfectly legal within the framework of HIPAA.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the rating interface on your end so that I can receive credit from the cite for my response.

Best wishes going forward!

Expert:  Delta-Lawyer replied 4 months ago.

Did you have any other questions or concerns? I want you to be as comfortable as possible as you move forward. Thanks

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