Legal Question in Civil Litigation in California

I am filing a negligence and medical malpractice suit against a doctor and one of the charges is violating patient confidentiality and I have 100% proof they have done it with other patients too including medical files etc am I at risk or doing anything wrong to include other peoples breached information in my complaint in the court records as proof if I had nothing to do with how it was breached but it came to me afterwards? Thanks

Asked on 10/24/13, 2:59 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Those details don't belong in the complaint. Your complaint should only allege what is necessary to state your causes of action. There may or may not be reason to allege that the defendants have done the same thing to other people, but there is no good reason to include other people's medical information -- especially because the complaint will be a public record, exposing its contents to public view.

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Answered on 10/24/13, 3:04 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

I agree completely with Mr. Hoffman. I write to also point out that you cannot file a valid lawsuit for HIPPA violations. The law specifically prohibits private lawsuits for confidentiality violations. Only HHS can take action for that. So if that is the basis of your intended lawsuit you may find yourself thrown out of court and then sued yourself for filing a frivolous lawsuit. You need to talk to a lawyer.

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Answered on 10/24/13, 7:26 pm

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