I am going through a nasty divorce and custody battle. My husband has make several false claims about me during our divorce and has went as far as stalking to obtain information to use against me in Court. Recently our conversation became heated after he refused to pick our son up from preschool at the last minute because he made other plans. During our conversation he told me that he knew for a fact that I have been diagnosed as being Bi-polar and he has medical record from (named a local Neuropsychiatrist) to prove it. My husband and I owned a computer repair & networking business that he has recently bought me out of. The doctor he named is one of his clients that he provides computer service for.

I am not Bi-polar and have never been diagnosed with any mental health issues other than a temporary case of postpartum depression, which was diagnosed and treated by my family physician over 8 years ago. The doctor has since retired and our medical records were passed on to another office, but I do not recall where.

I plan to go the Neuropsychiatrist office that he would have stolen or been given access to, my medical records to bring the issue to their attention and to request that my medical records be released to me. I have never been a patient of the Neuropsychiatrist and It could be a case of a mistaken identity because I do have a common name.

I think this is a serious threat, even if it turns out to be a false claim, and a violation of my privacy. I have 4 children and feel that my husband's behavior is effecting their emotional well being. It's been going on for a year and I refuse to let it continue.

My question is... what step should I follow to investigate this issue? I am willing to prosecute if necessary but my divorce has left me in financial hardship and I cannot afford to hire an attorney.

Thank you for any advice that you can give me to guide me in the right direction.

ScottGem

Sorry, but you cannot afford to NOT have an attorney. Especially if he has one, if you go up against him without legal representation you will most likely lose.

However, I can give you a weapon to use in this instance. Its called HIPAA. This is federal law that protects patients medical data. If your ex obtained the information while working for a medical practitioner, then he is bound by HIPAA to not use or reveal any information he obtained under penalty of law. So, if he tries to use that info in your divorce, you can report this violation to HIPAA and he can be fined. You can also petition the Divorce court to invalidate this evidence since it was illegally obtained.

You can also go to the Neuropsychiatrist's office and inform them that your ex may have accessed records and is planning to use them for his own gain. Since this is very much a HIPAA violation they should treat the issue very seriously.