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there is a court document that refers to "mental issues".

Customer Question
it adress diagnosis and treament...
there is a court document that refers to "mental issues". it adress diagnosis and treament, multiple hospitalizations and says my epileptic seizures are from "drinking and taking pills". it alleges my retaliation will be hurting children.

is this liabel and a hippa violation as well as disabilty discrimination?
Submitted: 4 years ago.Category: Legal
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Answered in 1 minute by:
6/26/2013
Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you.

What is this court document and what it is it related to? What state are you located in? Is the information that is posted in this document true or false?
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Customer reply replied 4 years ago


it is in johnson county, texas. it's a signed affidavit that has now become a TRO and public document

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago
Thank you for your follow-up.

Is the information true? I am asking to see if a claim for libel would be valid. I am assuming that the information is true, as it has been recognized by the courts, but I am double-checking. Thank you!
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Customer reply replied 4 years ago


parts of it are accurate. i do have depression and hospital visits. however the treatment and diagnosis were prive, with very few people aware. the allegation of retaliation is ludicris. the disabilty discrimination is throughout the affidavi turned TRO.


 


my exboyfriends exwife filed it together with a petition to modify. i never received the order and certainly did get the chance to dispute it.


 

Lawyer: Dimitry K., Esq., Attorney replied 4 years ago

Thank you for your follow-up. Please allow me to respond directly to your posts. Some of my information will likely be unfavorable, so please do not blame the proverbial messenger.

The reason I focused on accuracy is because under defamation rules, the ultimate defense to either libel or slander is truth. So if the information is true, it is not libelous and therefore a suit for libel would not prevail. Since the courts ended up accepting the information in the documentation, the information is presumed to be true which would negate a suit for such claims.

In terms of HIPAA, the law generally protects the confidentiality of medical records and provides recourse against specific entities if they violate the law, but not others. Specifically, 3 major groups are covered--those are health care providers, health plans, and health care clearinghouses. It does not affect others. Furthermore HIPAA has an exception for medical records that are requested for court hearings and cases. Otherwise no medical records would ever be permitted to be heard in court. This is not a HIPAA violation if the documents were provided to the courts.

Finally, 'disability discrimination' is generally based on being treated differently due to an impairment such employment or mobility. It is not related to those who have impairments and due to those impairments are unable to perform certain actions, or causes unfitness for family law concerns or other issues. This isn't disability discrimination--otherwise the courts would be unable to make any decisions against those with an impairment that would be based on that impairment, which would be against public policy.

Good luck.

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