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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What do I do if I feel I was retaliated against for reporting

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What do I do if I feel I was retaliated against for reporting my neighbor (a dpm) for hippa violations. The OCR never did talk to me but made him bring his organization into compliance. His lawyer said they didn't believe I could have the pieces of medical records I did but I'm assuming the government believed me b/c they gave him list of stuff to do to come into compliance and closed the case. Then I got sued for stalking listing the times I have reported him to the authorities (and with him having consequences - not bogus reports) and one of the reasons listed was me reporting him to the OCR. The judge threw it out but I still had to hire a lawyer and take off work. And at the same time they sued me, they put up a video camera on the top of their house and you cannot move on my property anywhere and not get video taped b/c it is motion censored. He has retaliated against me before when my complaints caused the state's attorney to make him obey the law. I'm a nurse and no one is above the law. However, now I'm paying for reporting him. Do I need a lawyer? If so how do I find one since it's not like my work place is retaliating against me for reporting them
Hi,

Thank you for your question.

As I understand your situation, your neighbor, whom is a doctor and whom you have reported for HIPPA violations, is retaliating against you by setting up a camera on top of his house which looks onto your property. In the past he has retaliated by suing you for stalking. However, you won this lawsuit and had his case dismissed.

You can sue the doctor for "malicious prosecution" for the filing of the frivolous stalking lawsuit against you. You can also sue the doctor for invasion of privacy for setting up the camera which is looking down onto your property.

In Illinois, Malicious Prosecution is the claim you can bring when you can prove: (1) the defendant brought a civil or criminal suit against you maliciously and without probable cause; (2) you won the lawsuit; and (3) this has caused you special damages beyond the usual expense, time or annoyance of defending the underlying lawsuit.

Further, under Illinois law, if a neighbor's security camera is pointed so that it captures what is going on inside your home (i.e., it is directed at your windows or at your back yard specifically), then you may take legal action to force the neighbor to direct the cameras under an invasion of privacy theory.

If you plan on bringing either of these claims, it would be best to do so through an attorney, as they are not simple claims and legal representation would be your wisest course of action.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best regards,
ZDN
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