Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am involved in a slip and fall accident lawsuit. At the time,

Customer Question
This is mostly a question...
This is mostly a question regarding HIPAA confidentiality and the information that is allowed to be publicly disclosed in depositions without my consent. I am involved in a slip and fall accident lawsuit. At the time, I was a student, and had seen various doctors for various reasons at the student Health Center. While it makes sense that they would depose medical doctors to see if I ever had physical problems before, they did depositions of ALL the doctors I had seen under the auspices of the Student Health Center, including a therapist and two psychiatrists. I am concerned that depositions were not only taken for the mental health professionals I saw, but that these depositions are now available for sale on a website that sells depositions to "legally authorized" people. They claim this includes ONLY attorneys and etc, and that since I made my "medical status" a basis of my lawsuit that I have lost rights to privacy in this area.

is this correct? My accident involves a physical injury and I am concerned that some non=relevant psychiatric information/history had been revealed in the depositions that is sensitive and now seems to be available for purchase to whomever decides to claim they are an attorney somewhere. I have not seen the full depositions but they very well could contain information that, while having no relevance to my case, is damaging to me should potential employers or others see it, as it is none of their business and things I privately discussed with my psychiatrists at the time.

i would like to know what my legal rights are to have these depositions removed from this website's sales area. I found them simply by putting my name into google, and this makes me worried that any person one day who decides to get "dirt" on me could just claim to be an attorney or related doing legal research and purchase them. I emailed the website several times, and only finally received a response after threatening to have a lawyer involved if they did not respond, and they told me that since I signed consents for the entire student health center that this information was part of the case materials and therefor open to the public in such a manner that legal people doing research were allowed to it. I am mostly concerned that it is SO easy to find just by putting my name into a very common search engine. I feel this is a violation of privacy as I signed consents for this information specifically for use with the case, and not for it to be sold for profit at a later time on this deposition research website.

Please advise. This case is based out of Louisiana , as is the company that is selling my depositions on their website.

Please note...my offer was $28 because I'm struggling financially right now, but if you give me a really great answer to help me remove these depositions from that website I will gladly try to pay at least $50.
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
6/25/2010
Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified
Good morning,

I'm sorry to hear of your dilemma.

While when you placed your mental state in issue in your claim, it opened your mental health records to perusal by the defense, you do not need to allow the defense to place these records in a depository where they will be reachable by literally tens of thousands of people.

You will need to have your attorney seek a protective order from the court restricting the post litigation publication use of your medical records and the deposition testimony concerning your mental health to the extent that such testimony is not used in trial (which is a public forum). The court can force the defense to not distribute your private medical information to parties unrelated to the present litigation.

I wish you the best in 2010.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified
LawTalk and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Thank you very much. So does this information apply in all states, including Louisiana? This is the email I received from the website when I complained about my depositions being placed for sale there:

"At <<Deposition Website Company Name>>>, LLC we do not prepare the depositions. We sell copies of depositions that have already been taken in a case.

We strive to protect personal information and based upon your comments it
appears that all sensitive information has been redacted on our website and
is not available for public view. The deposition is for sale, subject to
certain terms and conditions as listed on the web site.

As you placed your medical condition at issue in the litigation, and a
deposition was taken, you can assume that your information has been shared
with third parties through the litigation process. This litigation based
sharing of information is not something that we have been involved with or
participated in. We at XXXXXXXXXX Source, LLC have not sold any copies of
your depositions to anyone and therefore have not shared any information
with third parties.

We hope this resolves any concerns you may have"

As you said, can this information be made publc ONLY if we go to trial and those witnesses are called? Because we are currently in the settlement stage, and may NOT have to go to trial at all. And, even if we do go to trial, the mental health information should not be included in this trial at any rate. So, I can request that all information be removed from their website then? They claim, as it says, that certain "requirements" are needed to purchase depositions (eg- you must be a lawyer doing research) but to be honest, any person can go on there, register, state they are with a law firm and buy it for 99 bucks. This can't be right. Thank you very much for any help you've given and will give. I am waiting to submit an extra fee based on your final response so I have enough info to go to my lawyer and ask him to do these things for me. Do we have to wait for the case to be completed before I can ask for removal of these documents from the website?
Lawyer: LawTalk, Attorney replied 8 years ago
Good morning,

Unless your depositions have already been distributed to the depository for placement on their website for sale, a court Order directed to the defense would prevent distribution to the website. But the letter you have from them would seem to indicate that it is already on the website.

If the defense has already turned over copies of the deposition, you may actually need to file an action against the owners of the website to seek to prevent the distribution of your personal information. To the extent that your personal information has been "redacted" as they claim, that means that it will not be available to anyone---however, that limits the use of the deposition transcripts and I question whether there has really be a complete redaction. They refer to "sensitive" information. There may well be information they don;t consider sensitive that you still do not want out to the public.

I'd suggest that you demand that they either sell you exactly what they have available on line or allow you free of charge to review it and make additional demands for redaction. Now, certain things like your name are not protected under privacy laws---so you might want to work with your attorney on what should be redacted.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Can a doctor require a patient to disclose an upcoming vasectomy
Can a doctor require a patient to disclose an upcoming vasectomy operation to his spouse and require him to obtain his spouse's signed permission as a condition to receiving medical services, given th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
can one dr. tell another dr. about a patients condition and
can one dr. tell another dr. about a patients condition and medication without patient relese of info form signed… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
I just received a letter from my Aetna PPO, informing me
I just received a letter from my Aetna PPO, informing me that they have mailed information regarding my prescriptions of pain medications and various doctors and pharmacies to all of my current physic… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
My children were seeing a Psychiatrist and he revealed in a
My children were seeing a Psychiatrist and he revealed in a school assessment that my son had been seeing him as a patient and he even revealed, wrongly, the home environment, and went as far as sttin… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I am seeing a psychiatrist who has been using multiple medications
I am seeing a psychiatrist who has been using multiple medications for a variety of conditions he thinks I have. I have informend him of my concern for so much medication. My complaint is not with him… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Is it against the hipaa act for a physical education teacher
Is it against the hipaa act for a physical education teacher to request a student do a research paper on her current disability without parental consent… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Ive had chronic muscle pain (diagnosed as Fibromayalsia) since
I've had chronic muscle pain (diagnosed as Fibromayalsia) since 1988. I've been to the same pain management center for regulated (Schedule II) pain medications for 20 years. Last week, my insurance (A… read more
LawTalk
LawTalk
Attorney
Juris Doctor
37,876 satisfied customers
are there any current ramifications by law that could impact
are there any current ramifications by law that could impact a person with a neurodegenerative disorder when it comes to driving (ie. if a patient is recommended to not drive by a physician or if the … read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
I was referred to a Physical therapist, during intake questions the PT decided I was
I was referred to a Physical therapist, during intake questions the PT decided I was a suicide risk ( not true) she told me if she excepted me as a pt she would have to report me to some govt suicide … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Blue Cross Blue Shield just wrote all three of my Doctors,
Blue Cross Blue Shield just wrote all three of my Doctors, telling them mostly the psych meds I have been prescribed . Psych meds are different you have to go through them until you find what works . … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
In the state of Tennessee, is it legal for a nurse at a doctors
In the state of Tennessee, is it legal for a nurse at a doctor's office to tell a third party what other physicians a patient has seen without the patient's consent? (Specific example: the nurse at th… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I work for a childrens home. During training we are taught
I work for a children's home. During training we are taught a technique called TCI (therapeutic crisis intervention) to deal with the children's behavoirs. Most of TCI is verbal interventions meant to… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have no idea what type of legal issue this is; maybe its
I have no idea what type of legal issue this is; maybe it's malpractice? In any event, 2 years ago I applied for and received health insurance from BCBS. I was aware that there was no coverage for men… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
Six years ago, I was involved in a multiple automobile accident
Six years ago, I was involved in a multiple automobile accident during which I sustained a brain injury that caused severe impairment of short term memory and . This resulted in the loss of my job as … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My child was evaluated by a psychiatrist at my request after
My child was evaluated by a psychiatrist at my request after repeated problems with a teacher, DSS arranged the session after I reported the on going problem with the teacher. At the meeting with the … read more
NYLAWLADY
NYLAWLADY
attorney solo practice nyc
Doctoral Degree
685 satisfied customers
My psychiatrist violated the HIPPA law and invaded my privacy
My psychiatrist violated the HIPPA law and invaded my privacy by discussing my medical history with my soon to be exhusband, while we were going for the divorce and without my consent. I want to repor… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My husbands psychiatrist works with my husband for one facility
My husband's psychiatrist works with my husband for one facility while I am seen at an entirely different treating facility. My husband's Dr. is my intern psychiatrist's professor and supervisor. Toda… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
This is regarding an auto accident deposition. I know that
This is regarding an auto accident deposition. I know that in a deposition, if one is represented by an attorney--sometimes the attorney tells his client that he does not have to answer a certain ques… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x