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My son's x-girlfriend stole medical records from his home.

Customer Question
My son's x-girlfriend stole...

My son's x-girlfriend stole medical records from his home. She claimed she accidently took them when she moved out. Years after her move she decided to try to get her son that my son was raising from the time she left. She had her attorney enter my son's medical record for evidence. His learning disability. My son was not aware she had stolen his record until it was made public through her attorney. Is this a violation of HIPPA?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

He has resided in GA for a year. The girlfriend lives in WA. He lived in WA when she stole them during visitations with their son. Although my son had moved to GA (in military) when the record was sent to him as part of their case.

Lawyer's Assistant: What steps have been taken so far?

Currently they are going through custody. His attorney is obviouly are of this but has not made any reference to it being an issue.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just is the girlfriends actions illegal

Submitted: 4 months ago.Category: Family Law
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Answered in 3 minutes by:
3/17/2018
Family Lawyer: DamienJD, Attorney replied 4 months ago
DamienJD
DamienJD, Attorney
Category: Family Law
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 4 months ago
I inadvertently entered my cell number wrong while signing up. How do I correct that?
Family Lawyer: DamienJD, Attorney replied 4 months ago

Stealing someone property is theft. So, stealing someone's medical records could be considered theft.

Disclosing someone's medical information could be considered an invasion of privacy. An invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information, publicizes him or her in a false light, or appropriates his or her name for personal gain.

HIPAA violations deal more with a disclosure of medical information by a medical practitioner or hospital. So, in sum stealing someone's property could be considered a criminal act of theft. Disclosing someone's medical records without consent could be an invasion of privacy.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
Would it be fair to assume that an "invasion of privacy" would result with no real consequence to her for her actions. And just accure more in lawyer fees?
Family Lawyer: DamienJD, Attorney replied 4 months ago

Unfortunately, most likely, yes if you attempt to sue based on invasion of privacy.

Note though if someone obtains evidence illegally or in an impermissible way, it could be argued that the evidence should be excluded from the record. So, there could be a way to keep the evidence out if it is unduly prejudicial.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Family Lawyer: DamienJD, Attorney replied 3 months ago

Hello again:

I am checking in with you to see if you need further help. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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