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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27226
Experience:  Began practicing law in 1992
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I want to sue a hospital for releasing my medical records without

Resolved Question:

I want to sue a hospital for releasing my medical records without my consent. I want to stop them from releasing my records to anyone else in the future. The hospital has absolutely no consent written or otherwise of to release my records to anyone.

Under New York State Law
New York State Consolidated Laws. Civil Rights. ARTICLE 5 Right of Privacy Section 50. which says

Sec. 50. Right of privacy. A person, firm or corporation

that uses for advertising purposes, or for the purposes of trade,

the name, portrait or picture of any living person without having

first obtained the written consent of such person, or if a minor

of his or her parent or guardian, is guilty of a misdemeanor.



Could this law be used in an attempt to stop the hospital from using my name in conjunction with releasing my medical records? I am aware the hospital owns the records. I am contesting that they have unlimited use of name in conjunction with these records?

Thank you

Gordy
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
Who are the records being released to and for what purpose?
Customer: replied 4 years ago.

They have converted my records from paper to digital they now have placed them in an open computer system that is now accessiable by individual doctors officesindependent of the hosiptal . these people can access my identiafiable information any time they choose under the "Guise" of "HealtCare Operations" I have never signed any consent form to release my records to any one espically a doctor I have never been to. They also use my information for "Marketing" purposes.

 

Also do I have to give the hospital any type of notice I am going to sue them.

Expert:  Dwayne B. replied 4 years ago.
You need to inform them that you want them to remove the records from access to anyone. I've never seen that New York law but if they are using your info for marketing it would appear to violate it. In addition, it is a clear violation of the HIPAA laws. Before suing them you may want to file a complaint with the state licensing board. If they find against the hospital it makes your case stronger.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.

do I have to give them notice I am going to sue?

 

 

Expert:  Dwayne B. replied 4 years ago.
If you are going to use a lawyer and seek attorney's fees the court will usually require notice. In addition, your damages are likely to be larger if you gave them a chance to correct it and they refused or failed to do so.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27226
Experience: Began practicing law in 1992
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Dwayne B.
Dwayne B.
Lawyer
27226 Satisfied Customers
Began practicing law in 1992