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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am writing concerning a problem I have, I am a hygienist

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I am writing concerning a problem I have, I am a hygienist who works for my Brother in a Family Dental Practice. When one Brother left, an oral agreement was made between another brother that I would be the number one hygienist, and the other hygienist would receive the overflow. He has broken this agreement and now my Father is wanting me to pull the charts that have been seen since my other brother left to pull the charts that are new or were patients of the group practice before and take them put in a box and remove from the office. My questions is can we legally do this?

My name is XXXXX XXXXX I will be assisting you with your legal question.

Is your father also a dentist in the business?

And just so I understand, you are saying your father has asked that you remove all the patients files from the dentist office so that the brother who is still working at the office cannot access them?
Customer: replied 3 years ago.

He was the founder of the Dental Practice and is now retired. Yes he wants to remove the files that were in the Bewick Dental Group before the agreement was made that I would be the main Hygienist. The agreement was that I would see all new patients and patients that were in Bewick Dental Group. This has not happened, and I am being slowly frozen out of the practice. So since this is happening my father wants me to go through all the records and remove all new patients files, and also those that were originally in Bewick Dental group put them in a box and remove from the office thus keeping my Brother from accessing these files. I feel that this is against Hippa Law, and also that my Brother could have a case against us if we did this. Also the Brother who this is against does not own or have any agreement to this office other then being basically a renter. His answer to my Father in regard to this agreement that was orally made was "that was then this is now".

Thank you for your response.

Unfortunately, you are correct in your fears. Removal of the files would be considered "tortious interference with an existing contract" for which you could be sued. Further, the removal of the files could potentially violate HIPPA if the files were shown to any party which is not involved in the provision of dental care. The files belong to the practicing dentist with whom the patient signs an agreement with.

Your oral contract with your brother, which he is not violating, is a separate matter and must be treated separately. If you want to enforce this contract, then you need to sue your brother for breach of contract. That is the proper way of handling the matter. Taking your brother's files is not the correct way to proceed.
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