Legal Question in Medical Malpractice in California

Hello,

This might seem silly but I wanted to ask anyways. I was dating a doctor and our relationship went sounth. In an effort to hurt me, he accessed my medical records and started to text me hurtful facts from my medical history. Does he have the right to access my medical records? He was never my doctor and I never gave him permisson to do so. Not to mention he's doing it malicously to hurt me. What can I do to protect my confidential records?

Thank you


Asked on 11/12/12, 9:05 am

2 Answers from Attorneys
Deborah Barron Barron Law Corporation

It sounds like a violation of HIPPA laws since he is not your treating doctor. This is very unethical and may give rise to intentional infliction of emotional distress as well as invasion of privacy. These are torts which may be recoverable in a settlement or lawsuit. You may want to consult with an attorney to take action on your behalf. Feel free to contact me for further assistance.

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Answered on 11/12/12, 10:11 am
Joel Selik www.SelikLaw.com

He absolutely has no right to access your records. He has damaged you and he his medical license is at risk. Hire a good lawyer.

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Answered on 11/12/12, 9:01 pm


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