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My brother n law released the forensic abuse evaluation to…

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Good morning

Lawyer's Assistant: Hello. How can I help?

My brother n law released the forensic sexual abuse evaluation to my 21 year old daughter and my mother . My ex husband died of an overdose last April and my brother in law has all of his records

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet iam in ca now and will be home after x mas

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 2 months ago.Category: Family Law
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Answered in 5 minutes by:
12/22/2017
Family Lawyer: Ely, Counselor at Law replied 2 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,191
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information 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. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I ma sorry to hear about this situation. Please clarify - what is it that you are asking here, i.e. what do you wish to know?

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Customer reply replied 2 months ago
How to proceed with a HIPAA violation
Family Lawyer: Ely, Counselor at Law replied 2 months ago

Please be more specific? Your brother in law release a sexual abuse evaluation (done when, unto whom, by whom, and why)? And, how does your ex husband's overdose connect to the situation?

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Customer reply replied 2 months ago
done first week in December, released by email to my daughter, requested by my daughter (asked by my mother)overdose is not connected other than his death led to his paper work in the possession of my brother in law
Family Lawyer: Ely, Counselor at Law replied 2 months ago

I am sorry, I still need more information.

WHO did the evaluation? On a minor or an adult? By whose request? And why? Please fill me in on the background, in general. Thanks.

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Customer reply replied 2 months ago

Dr ***********, evaluation was ordered by the court to evaluate myself, my ex husband, two daughters and son based on investigation of incest between my ex and two daughters 2012 viewed my oldest daughter and ex husband , oral sex

Family Lawyer: Ely, Counselor at Law replied 2 months ago

I see. On this website, I do not always get to give good news, and this is one of these times.

HIPAA is for medical entities such as physicians, hospitals, etc. It does not apply to private individuals. This means private individuals have no duty to not share medical information that they rightfully have in their possession.

Herein, the evaluation was court-ordered. If the person that shared it is the lawful custodian of the minor included in the study, then they did not arguably do anything that merits a civil action.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 2 months ago
Evaluation included mmpi 2 results , interview results of three children , myself , exThree interviews of each person and each parent with the childrenThe document was also protected by court order
I am the legal custodian of the children
Family Lawyer: Ely, Counselor at Law replied 2 months ago

I see. My answer stands "as is" in regards ***** ***** However there may still be a lawsuit under civil law.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, such an action may fall under Invasion of Privacy - Public Disclosure of Private Facts.

This type of invasion of privacy claim must be weighed against the First Amendment's protection of free speech. Legal action may be taken if an individual publicly reveals truthful information that is not of public concern and which a reasonable person would find offensive if made public.

It would be up to you to initiate such a civil suit separate from the ongoing matter.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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