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Ask Seattle Scott Your Own Question
Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Personal Injury Attorney
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My husband and I were injured in an auto accident in Pennsylvania.

Customer Question

My husband and I were injured in an auto accident in Pennsylvania. Before doing the depositions, we were asked to fill out a questionaire by the other side's lawyer, which doctors that we see Are Not involved or related to the lawsuit, such as Gynecologist. We did that. Yet at the dep, that lawyer called out all of my medical files includint the very personal doctors i just mentioned, plus read out loud why I saw these doctors, and asked me if those particular conditions were cured. My atty did not protect my Hippa Laws. Nor did the other attys in the room.
Secondly, he asked my Husband "you have a Son thats very sick?" asked it twice and our lawyer told my husband he had to answer Even though our son has Nothing to do with this case. When I expressed concern in private to my attorney about possible violations to Hippa Laws, he told the opposing attorneys, and I saw that they deleted that line of questioning from the deposition. So our Lawyer even went against atty client privildge. The when he realized what he did, he quit our case, and now we have no lawyer to settle out the case. Was this a clear set of Hippa Law violations, and how do we proceed??against all of them including the Court reporter who deleted the sentences and wording?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Seattle Scott replied 2 years ago.
Your lawyer screwed up, but it was not a HIPPA violation. Once you file a personal injury lawsuit, your confidential medical records are no longer confidential to the extent relevant to the injuries you are claiming. Defense attorneys always send out the questionnaire, (Interrogatories) asking for disclosure of ALL doctors seen for the last 5 years and for disclosure of ALL medical issues. What your lawyer could have done was seek a protective or limited discovery order from the court where the judge would decide what medical information was relevant to the personal injury claims and what was off limits. Since your lawyer did not do this, you disclosed all your medical information yourself. All the happened at the deposition was that the defense lawyer asked you questions based on information you had disclosed. Your lawyer could have also gotten a limited discovery order that covered the deposition questions you did not have to answer. You have grounds to complain to the Penn state bar association based on your lawyer's conduct, but not based on the defense attorneys' conduct.
I don't have an answer to your question concerning the court reporter striking testimony from the transcript. Was the testimony and questions deleted from the transcript or was there an agreement between the lawyers to "strike" it, meaning the text can't be used at trial, but it was not deleted? Did you read the transcript?

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