How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Attorney
Category: Business Law
Satisfied Customers: 102146
Experience:  Counselor at Law.
Type Your Business Law Question Here...
Ely is online now
A new question is answered every 9 seconds

2 dentists are suing each other. They are using my and other

Customer Question

2 dentists are suing each other. They are using my and other patients dental records, ledgers, insurance records to prove their points. Are they allowed to do this without the patients expressed written permission to do so?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

It sounds like they are using legal discovery. See HERE. Discovery must be narrowly tailored to get specific information pertinent to the case. However if one's medical information is pertinent to the case, then they can request it and use it. While HIPAA applies to dental records, HIPAA gives an exception to a subpoena or discovery.

However, the third party (i.e. you) whose medical records are used CAN file a motion asking the Court to not have those records produced in discovery, and then the Court will determine if there is information in those records pertinent as evidence, in a hearing. 45 C.F.R. § 164.512(e).

Even if the Court allows it, if any of that discovery/subpoenaed medical information is ever filed with the Court, one can file a motion asking the Court to redact information such as names and other identifiers, out of privacy. Then the Court can do so at its discretion.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!