Legal Question in Legal Malpractice in Florida

I have placed my question in the Consumer Law, Legal Ethics and Professional Responsibility and Legal Malpractice law categories. if someone could also help me know which category is appropriate, I would greatly appreciate it!


I am currently a part of a dental clear aligner program/company through my dentist. When my first set of trays arrived, they were not created in the way in which I had requested and discussed with my dentist and office associates. I questioned the dentist office staff in the office and a couple of times through email and phone but didn't get a clear answer so decided to contact the aligner company customer service line directly to ask a couple of very basic questions. The online rep would not answer my questions and said that because of HIPAA, she would not be able to answer my general questions regarding their product and that I would need to contact my dentist for any information. Not long after my discussion with the rep, she let me know that she had contacted my dental office to let them know my frustrations and that I needed answers. She may have even forwarded the email message I sent to her expressing my frustration about not having the questions answered in a timely manner from my dentist. She could not answer a basic question for me regarding her company's product but she contacted my dentist (without my request or permission) requesting that they contact me. I asked to speak to a supervisor but the rep never responded to that request. Did she have a right to relay the information i had shared with her to my dentist without my permission? I would like to request that the aligner company cover my treatment cost because of this infringement on my private message to her company. Thank you for any insight you can offer.

Asked on 3/20/16, 11:43 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

huh? there is no hipaa violation if the company is not a medical provider for you. your communication was not private and protected and was logically provided to your dentist. why would you not want your dentist to know. there is no attorney involved in this matter and therefore no legal malpractice can apply nor does legal ethics or professional responsibility apply.

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Answered on 3/20/16, 12:21 pm

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