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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57310
Experience:  Licensed attorney helping employers and employees.
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During a return to work physical performed by a health

Customer Question

During a return to work physical performed by a health professional employed by my employer, information was given to my immediate supervisor about relinquishing my health records to the professional performing the exam. The person in the exam room told my immediate supervisor that I wasn't making my own decisions. My sister was in the room asking questions also, but I was making the decisions. Based on the exam, my employer wrote me a letter stating I couldn't return to my position. I feel my rights were violated, furthermore, what occurred in the exam room, was not about my mental state, it was suppose to be about my back surgery and the relinquishing of my medical records. I had inform the person performing the exam I would think it over (I wanted to seek legal counsel). Do I have a right to sue the employee divulging what she thought occurred in the exam room?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 11 months ago.

That information is private, confidential and protected by HIPAA.

You can pursue a case in court for damages. You may also wish you have a lawyer send a letter first and try to reach an out of court settlement. That approach is cheaper and faster in many instances.

Good luck. Kindly rate me 5 stars.

Expert:  Infolawyer replied 11 months ago.

thanks in advance.