Ask Experts Questions for FREE Help !
    tobysdawn's Avatar
    tobysdawn Posts: 1, Reputation: 1
    New Member

    Mar 3, 2009, 11:55 AM
    Privacy act violation?
    I am a local business owner who usually becomes very connected with my customers. A few days ago one of my customers/freind came to me with something that really shocked me and I am trying my best to help her with this situation. Here is the scenerio... She was in a car accident that was not her fault and was injuried. She hired an attorney in our small town. A settlement that was way less than expected was offered and her lawyer advised her to take it due to some information that was released from the hospital she was taken to. The lawyer's assistant advised her that this was a pricacy act violation and even wrote it on her records. The customer/freind is not an educated woman and did not understand what this meant and came to me for help. Basically she had to tell me some things she would have rather keep private but didn't know where to turn.Long story short I read her medicall records that her lawyer had requested from the hospital pertaining to the accident. It listed the injuries and had a spot where they did a drug/alcohol screening only one prescribed drug showed up in her system. They were also a spot for past medical history on the form and it listed PAST drug addiction. I did not know this about this woman and she explained to me that she had a drug addicition when she was younger and had been to drug rehad and had been clean fro quite some time. This had absolutely nothing to do with this accident and should never have been realeased to both hers and the insurance lawyers.Where do I advise her to go for help?? Her lawyer is here in our town and doesn't want to "stir the water" in our small town. How do I find a lawyer in South Carolina that will help her??
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member

    Mar 3, 2009, 01:20 PM

    What exactly does your customer/friend hope to gain from the situation? Is she looking for a larger settlement amount?

    I'm going to have someone who investigates accidents take a look at your question, because I don't know what the whole process is in regards to injury and the release of medical records.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Mar 3, 2009, 02:02 PM

    SOMEONE signed a medical authorization in order for insurance companies and/or Attorneys to access her health care records. She apparently signed a blanket authorization and not just an authorization pertaining to this particular incident. Very often the release/authorization is part of the original claim for insurance benefits.

    Unfortunately when it comes to accidents your previous life continues to follow you. I don't think the Attorney gave her bad advice. It may not be fair but that is how it works where I live - NY. If she doesn't take the offer she has been warned that any legal battle will be uphill for her and will be costly because there is now past history which has to be explained. It's no longer about one event at one time.

    I know you mean well but this woman is hurting herself every time she confides this history to anyone. She should be getting this explanation from her Attorney because now the secret past medical history isn't as secret as it was and, if asked, she has to tell the Attorney that she has disclosed it to you.

    I am not proud - if that is the phrase - of this particular aspect of personal injury law but it IS a defense which an insurance company will use, or at least it will be used to muddy the reputation of the injured person.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Dec 2, 2010, 06:19 AM

    Hello m:

    I don't think Louisville is IN South Carolina...


Not your question? Ask your question View similar questions


Question Tools Search this Question
Search this Question:

Advanced Search

Check out some similar questions!

Hippa Violation Or Privacy Law Violation? [ 16 Answers ]

My ex boyfriend got me pregnant and left me at four months. I have many physical problems and he had his friend who is a pharmicist look up my perscriptions (I live 40 miles away from that store location and have never been there) and then the pharmacisit shared all the information. Can I do...

Violation of privacy act [ 3 Answers ]

I was a defendant in a small claims suit. The plaintiff was suing myself and our daughter for an unpaid loan that she had signed a contract with him when she was 19. He produced a letter from a used car dealer that stated that I had sold them a car and the amount that I received. Does this...

Privacy Act Violation recourse [ 12 Answers ]

Please advise, what can I do? On 30 October 2007, at approximately 1800 when I returned to my apartment from work, I noticed a clear plastic bag hanging from the door knob of my apartment door. Contained in the clear plastic bag were white papers that had my apartment number written on them in...

Violation of privacy [ 5 Answers ]

My landlord and I have an agreement that he will not walk people through my home. I have found out on two occasions that a realator brought people by but because I was there they could not enter. I will never give permission for someone to walk through my home with my belongings there. I work...

View more questions Search