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Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23971
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My son has the same name as me. My ex-wife and her husband,

Customer Question

Hi, my son has the same name as me. My ex-wife and her husband, when my son was going for a hospital admission were offered my medical records and they accepted them when it was obvious it wasn't our son. They have since slandered me using the information they obtained. Any recourse?
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: FL
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not right now
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Good morning. I certainly understand the situation and your concern. The first thing you can do, is file a complaint against the hospital. I say this because even though you have the same name the date of birth and address should have been different and they would have seen an age difference between you and your son on the records, which would have alerted the hospital they are releasing the wrong information. As such, I have provided a link below so you can file a complaint against them. Second, you could have a civil lawsuit against your ex and her husband, if after they obtained this information and knew it was in error, intentionally tried to harm you and posting this publicly and telling people about it. You could go after them and sue for damages suffered, as well.

http://www.hhs.gov/hipaa/filing-a-complaint/

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