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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I was a pain patient of my ex-husband's 2 years ago following

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I was a pain patient of my ex-husband's 2 years ago following a car accident. He violated HIPPA laws when he recently hired an interventionist, assembled my daughters, brother, niece, and two close friends, and staged an intervention at his home: If I didn't leave with the interventionist he hired to go into treatment for 28 days for opiate, alcohol, and sex addiction (!!), my family and friends would throw me out of their lives. This occurred on 3/21/16. To date, none of this group will speak to me, including my two daughters (aged 23 & 20). The truth is, I've had extreme financial difficulties these past few years.. they don't know the extent as I tried to protect and not worry them, as well as 4 car accidents in 3 years (none were my fault) leaving me in permanent chronic pain. They claim my "spark is gone" and my ex-husband, a medical doctor, used my personal info as his former patient, and his credentials as a pain M.D., to convince my daughters, family, and friends that I am an addict in need of treatment. He acted out of malice.. he's been waiting ten years to discredit me since our divorce. He even called my health insurance to verify my coverage for treatment. Two days ago, I texted my daughters and him stating I was done with this insanity, they were interested in the truth, and to have a nice life. 45 minutes later, the police banged on my door, said I was suicidal, and forced me to a psych hospital for observation. I was released a few hours later.. no one thought I was even remotely suicidal. I live in fear that he will contact my employer (I work in a federal pharmacy) and jeopardize my livelihood. I'm in a pre professional college program, completing prerequisite courses for nursing school and work H fulltime. My 32 yo son lives with me.. thinks this is vindictive. What recourse do I have?? Please advise me. I miss my daughters so much.
Submitted: 5 months ago.
Category: Legal
Expert:  LawTalk replied 5 months ago.
Good afternoon Liza,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. A HIPAA violation does not give rise to a private cause of action because the federal government, through the US Department of Health and Human Services, enforces HIPAA regulations and deals with violations. However, the same facts which constitute a HIPAA violation can give rise to a meritorious Negligence action and/or Invasion of Privacy action. You can sue for Negligence/Invasion of Privacy based on the dissemination of your private medical information.You might also file a formal complaint with The Joint Commission, which is responsible for certifying health care facilities for eligibility to receive federal payments of health services. If a hospital or large clinic loses certification, they also lose the ability to be paid for MediCare, MediCaid patient treatment---which can force a facility to have to close down. Here is a link to the Joint Commission’s complaint web page:, you may also report the violation to the US Department of Health and Human Services Here is a link to a website that will assist you in filing a complaint with regard to the unauthorized dissemination of your medical records: You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 5 months ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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