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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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If a third party looses a copy of a forensic interview administered

Customer Question

If a third party looses a copy of a forensic interview administered by a mental health care facility, to a minor, could there be penalties?
Submitted: 7 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 7 months ago.
Theoretically there could be penalties as a result of a law suit by the guardians or parents of the minor or the mental health care facility. The basis of the law suit would be negligence. In order to win a case for negligence, the plaintiff would have to show a duty, breach of that duty, the breach caused injury and they would have to show damages. Depending on the nature of the interview and the contents therein, there could be actionable negligence here. However, that would be a slightly unusual law suit. There should be no government penalties, such as HIPAA related penalties, unless the third party is a HIPAA related entity in the chain of custody of this instrument. In theory, there could be HIPAA related penalties, but that is unlikely as well. Let me know if you have any other questions or comments. Best wishes going forward and please rate my answer positively. Thanks!
Expert:  Delta-Lawyer replied 7 months ago.
Let me know if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Best!

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