Have Legal Questions? Ask a Lawyer Now.
Thank you for your question. Please permit me to assist you with your concerns.My apologies to you on your situation. However as someone in the medical field, you are likely familiar, at least in passing, with HIPAA. HIPAA forbids destruction of medical information from your record, since you history cannot be modified. As for having the university formally evaluate you without this disability being taken into account, perhaps you may want to write to the school provost in each and every school that you were denied from, and ask him to investigate. Being denied if you are unfit is permitted, but being denied over a disability, regardless of how 'taboo', would violate the A.D.A. Furthermore, placing them on notice would potentially allow you greater opportunity should the schools decide to review their process and give you an another chance.Good luck.
I am not asking about changing my medical record. I am asking if I have the grounds to ask the undergraduate institutions (this was from 2001-2004) to have my withdrawals removed as they force me to reveal my medical information to parties who are not in need of that information.
The purpose of this is so that should I not get accepted this year, I can apply again next year without having to disclose my personal medical history. And instead can focus on my achievements, and my qualifications rather than it turn in to a military tribunal. I feel that I am in a peculiar position where HIPPA doesn't protect me. Yet, it is not the admissions committees place to determine my medical history, that is for the office disability affairs. I have had medical clearance for years at some of the nations top hospitals. Its obvious that I am fit for this, yet I am put in a position where I am forced to incriminate myself. What can I do
Thank you for your follow-up, T.My apologies but you do not have strong grounds to ask the institutions to have the withdrawals removed. If they happened, for whatever reason, the school has the duty to disclose them. The only way to block this would be via court order, and while you can seek a judge to side with you and claim that the information is 'prejudicial' in some way, since that information arguably needs to be known by other schools, I do not really see that as working in your favor. Medical school especially is extremely physically grueling; if the school is aware of multiple withdrawals, it can affect their standing on granting you a chance, so they do have a right to know and then make a decision that is fully informed and not limited in nature. I would still suggest that you make this a more vocal application process, get the administrators involved, and get them to evaluate their own potential legal liability. That would bear more chance of success in this instance.Good luck.
I don't see how my medical information from a decade ago is something they have a right to know. My track record has been flawless since taking care of myself. If I had cancer, I would be praised as a hero, but I have something where they look at me like a criminal.
Thank you for your time
T,I do apologize but the schools would argue that they have a duty to know such information especially because medical school is physically challenging. They need to know that the person could reasonably be able to survive the pace and succeed. Please be well.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).