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Can you sue a counseling service for not releasing your records. You becuase they did not release them or fax them to the court house I now have to go to court
Optional Information: Country relating to Question: United States State (if USA): Washington Already Tried: went in to there office last monday. notified them that my records needed to be in Probation office by friday. called several times to no answer or voicemail service finally i got through to voicemail today no return call and went in again a lady told me she did not know what to tell me. Now I have to waste a day and go to court probably even looking at added fines and possable jail time.
Welcome and thank you for your question!I am sorry to learn of your experience. Please clarify: do you have a signed HIPAA release on file for the service to release the records to the court?
yes I believe I do as the counseling was court ordered
Thank you. Signing the HIPAA form is different, however. It may be court-ordered but you still have to sign the HIPAA record release form.If you signed the HIPAA record release form and if the counseling service did not perform its obligations, yes, you can file suit in Small Claims court for your damages.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
ok So even if I went in to thier office and requested my records they dont have to give them to me in a timely manner.
That is correct. Your understanding is correct.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.