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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27619
Experience:  Lawyer
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I have a friend that was on a dating site she met and talked

Customer Question

I have a friend that was on a dating site she met and talked to a guy for about 2months he told her he was falling in love with her they were intimate a couple times then she found out he lied about who he was and was married now I think she's faking a pregnancy with him he said he's getting a lawyer to get her records from her drto prove she's faking she has positive test I don't know o guess I have two questions can he get her records to see if she is faking and can she sue him for lying to her on a dating site and falsely saying he was someone else and hurting her because he lead her on?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Faking a pregnancy could be considered fraud. If she gets any money from him, or is trying to get money from him, that's theft. She could actually go to jail depending on the amount of money involved.

A lawyer could subpoena her medical records from her doctor, but that's pretty uncommon. If she is pregnant, there will eventually be either a baby or medical records that show that a pregnancy occurred. He doesn't have to pay her anything unless a baby is born, so it's not really worth paying a lawyer now (unless she's trying to extort money from him). He could just insist upon medical records before giving her anything. A subpoena requires a pending lawsuit or a good faith belief that there's going to be a pending lawsuit, so he'd have to have more than just her claiming to be pregnant to get the records. Most people instead would wait for the child to be born and then request a paternity test.

Unfortunately, there is no cause of action against someone for being less than truthful when dating. So-called "heart balm" law suits were outlawed decades ago. People typically don't want the government that involved in their personal lives, so the government is no longer in the habit of regulating consensual dating between adults.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

Customer: replied 1 year ago.
She hasn't asked him for money just told him she's pregnant and asked him to come to appt but he said since all the proof he has was two positive pregnancy test and her just saying she went to the dr she could be faking and he's gonna get her dr records to see
Customer: replied 1 year ago.
I guess she wants to know can he get a lawyer and get her records if she didn't ask for money he said she's harassing him by texting him and saying she's pregnant
Expert:  Lucy, Esq. replied 1 year ago.
A lawyer can only issue a subpoena when a client is involved in a lawsuit or planning to file one. There isn't a cause of action at this point if all she did was state she's pregnant. But if she IS harassing him, then he may have a basis for a suit. There's really no legitimate reason for her to be texting him, and it could backfire horribly if he really does sue her.
Customer: replied 1 year ago.
Back fire on who may I ask her or him I've seen the text she's asking what they are going to do and if he's coming to appt in some he's excited about a baby and wants the best for both and others he's says he thinks she's faking I saw both her test there positive he confessed he's married so we think the wife is behind it so
Expert:  Lucy, Esq. replied 1 year ago.
Backfire on her, if he sues her. A person who engages in behavior that serves no legitimate purpose and is done solely to upset someone else can be sued for intentional infliction of emotional distress, which carries punitive damages. The further she carries the lie, the worse it could ultimately be for her. The fact that he's actually excited about a baby could make everything worse, because of how disappointing it'll be when he finds out she's not really pregnant.
It would also backfire on her if she accepts any money or gifts from him based on him thinking there's a baby, because then we're back to fraud.
Customer: replied 1 year ago.
She hasn't except anything at all I think she's just scared he could get to her records and you say he can't maybe I can talk her into telling the truth if she isn't to stop all this
Customer: replied 1 year ago.
can't she get him for emotional stress also by playing with her heart
Expert:  Lucy, Esq. replied 1 year ago.
She unfortunately cannot get him for emotional distress by playing with her heart. The law has outlaw all types of lawsuits based on a relationship not working out.
If she tells him the truth, he has no need for her medical records and no reason to subpoena them. If he truly believes she's pregnant, he may have a reason to try to get evidence of pregnancy.
Customer: replied 1 year ago.
Can you sue someone if they got your records from a dr office without your consent
Expert:  Lucy, Esq. replied 1 year ago.
Not if it's because they have a lawsuit against you.
Customer: replied 1 year ago.
No I mean if a person just gets your records for themselves
Expert:  Lucy, Esq. replied 1 year ago.
That's not possible. Hospitals won't release records without a signed authorization from the patient or a court order. To get a court order, there needs to be a lawsuit. A person can't just get someone else's medical records because they're curious or angry.
Customer: replied 1 year ago.
The guy sent her text saying he had proof of things from her records with the dates she was there some one in the dr office told because she said she didn't and everything he said was true can he and the dr office get in trouble
Expert:  Lucy, Esq. replied 1 year ago.
If someone at the doctor's office really gave him that information without a court order, she can report them for a HIPAA violation. Federal law prohibits releasing patient information without consent or a court order.
http://www.hhs.gov/ocr/privacy/hipaa/complaints/
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Customer: replied 1 year ago.
Can she persue legal action on him and the dr office
Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry, but HIPAA is a different area of law that is beyond the scope of your original question. If you want to talk to someone about a potential causes of action for a HIPAA violation, I have to ask that you open a new question. That's the only way experts get any compensation for the time we spend answering questions.
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