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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41069
Experience:  30 years in Employment law
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I am embroiled in a battle with an ex-girlfriend who moved

Customer Question

I am embroiled in a battle with an ex-girlfriend who moved out of state. She is a physician, and last year, while I was in the hospital, she was very arrogant to the staff (she was a second year resident in surgery at the University of Arizona with a provisional training medical license -meaning she had to practice only under supervision by the residency) and she interfered with my care, stopped doctors from seeing me, and over a 10 day period, accessed my medical record numerous times (at least 10) via the computer. This was at a community hospital that she had rotated through the previous year, and her computer access had not lapsed yet. She did not have my permission, verbal or written to access my chart. After an investigation, she was fired from her residency for HIPAA technicality: accessing my chart while not a member of the treatment team (she was NOT assigned to this hospital at the time, she was actually still assigned at the University Hospital). There was no penalty beyond that, and NO ONE talked to me or interviewed me about the matter. They assumed because she was my girlfriend at the time, she had my permission to do so.
Do I have any personal legal recourse against her for violating HIPAA and getting my medical records without permission?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Yes you can sue here for invasion of your privacy.She had no legal authority to access your chart.You would have a claim here for such invasion of privacy against the hospital and her as well.The hospital might actually be easier to collect against.
Your lawyer sends demand letters to both and you see what offers of settlement you get.If you have to file suit then you can uncover any email or other correspondence between the parties here including her personnel files.
You want to locate a local lawyer, it is possible they take this contingent fee.This means you only pay upon a recovery.This is very good case to pursue the hospital clearly thought your privacy was violated and likely hospital privacy rules as well.
The statute of limitations for intrusion claims in Arizona is 2 years. A.R.S. § 12-542; Hansen v. Stoll, 130 Ariz. 454, 460 (Ariz. Ct. App. 1981).
Lawyer for you here.
Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(###) ###-####
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Counties Served: Maricopa
Pima County Bar Association LRS
Tucson, AZ
Phone:(###) ###-####
Counties Served: Pima
I appreciate the chance to help .I hope you will pursue this as soon as you can and seek recovery for the invasion of your medical privacy here.Have a great Memorial Weekend.

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