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My children were seeing a Psychiatrist and he revealed in a

Customer Question
school assessment that my son...
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 stting my mental state and condition. Would this be malpractice and be something I can sue him for? The information he provided has now been entered into school district records. I am also wondering couldn't the district be sued for wrongly accepting the information that was supposed to be confidential? The information the doctor provided was 1. out of his scope of practice because I am not his patient nor ever was and 2. he never had a consent signed by me to reveal that my son was a patient of his to tell the school nor did the school have a consent to ask or receive info. regarding my son.
Submitted: 5 years ago.Category: Legal
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6/1/2012
Lawyer: TexLaw, Attorney replied 5 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Thank you for your question.

A psychiatrist is under HIPPA regulations which mean that all health information is confidential. The only type of disclosure which is allowable is from health care worker to health care worker (so a physician can talk to the school nurse about care needed for a student). However, a phsychiatrist may not share privileged information with a school for the school's assessment of the child without consent of a parent, for example. Parents should check the releases that were signed with the psychiatrist upon entering their children into therapy to ensure that privacy concerns are maintained. HIPPA privacy restraints can be released and disclosures allowed if a disclosure is authorized by the parent.

Malpratice is not likely at play in this scenario. Malpractice is where a psychiatrist violates a standard of care to his patient causing harm. However, defamation may be at play, as false information was published to a third party. Both the school and the doctor might be liable for defamation.

I agree that you should consult a local attorney for help on this issue. Please let me know if there is any other information I can provide.

Best Regards,
Zachary D. Norris
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Customer reply replied 5 years ago
How can I get in contact with an appropriate lawyer regarding defamation? Is a defamation case something that is a case that can be won in court? The school did not have a release nor did the doctor to discuss my son because my son was not attending the school. The school was discussing my daughter for which a release was utilized for. The doctor discussed me and his perceptions of my parenting. So, if you have any attorneys who are willing to help me with this situation I would greatly appreciate it.
Lawyer: TexLaw, Attorney replied 5 years ago
A defamation case is absolutely something you can resolve through a court claim. At the very least you can go about getting the school district to take the comments about you off the public record.

There may be other causes of action which are not readily apparent to me that a local attorney assessing your case live will be able to address.

You need to talk to talk to several attorneys and find one that you fill fits your case the best. You need to look for "Plaintiff's attorneys" or "Trial attorneys". Do a google search with these phrases along with the name of your city. This will pull up attorneys who you should talk to.

Good luck with this,
Zachary D. Norris
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Customer reply replied 5 years ago

In a Defamation case what would be some possible outcomes? You see in psychology wen a psychiatrist or a psychologist states that a person was or is and then utilizes a term that is making a diagnosis that is where he is out of his scope of practice which is against ethical codes and malpractice comes in. That is why I beleive I need to talk to a malpractice/trial attorney. If you have any suggestions please let me know.

Thanks

Lawyer: TexLaw, Attorney replied 5 years ago
I think perhaps you are correct. I'm going to opt out of this thread to allow another expert to take it from here who knows more about this area of malpractice than I do. Good luck and I hope you find a resolution.
TexLaw
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