I think my HIPAA rights have been violated. I am currently being drug through a ridiculous, and costly custody suit. When my child was born, the father denied her, showed up intoxicated to the hospital, and caused a scene, causing him to be escorted by security. He was banned from coming back to the hospital. Anyway.. he has somehow got my medical records subponead. He did not follow the proper process in seeking a subpoena of records. The hospital gave him all kinds of my information, including medical information related to my hospital stay when my child was born. Is this a violation of my HIPAA rights? My attorney sent the hospital a letter prior to my child's father receiving my information. He explained in his letter that none of my records were to be produced because he did not go about it the right way. I believe he created a fictitious subpoena, because my attorney and I were never made aware of the subpoena. Or given the chance to dispute it, like the law allows you too. I believe my rights have been violated.

Although the records he was able to get have no bearing on our current case, I still feel violated.

I am in CA. :confused:

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Originally Posted by littlebitsy11

I think my HIPAA rights have been violated. I am currently being drug through a rediculous, and costly custody suit. When my child was born, the father denied her, showed up intoxicated to the hospital, and caused a scene, causing him to be escorted by security. He was banned from coming back to the hospital. Anyway..he has somehow got my medical records subponead. He did not follow the proper process in seeking a subpoena of records. The hospital gave him all kinds of my information, including medical information related to my hospital stay when my child was born. Is this a violation of my HIPAA rights? My attorney sent the hospital a letter prior to my childs father recieving my information. He explained in his letter that none of my records were to be produced because he did not go about it the right way. I believe he created a ficticious subpoena, because my attorney and I were never made aware of the subpoena. Or given the chance to dispute it, like the law allows you too. I believe my rights have been violated.

Although the records he was able to get have no bearing on our current case, I still feel violated.

I am in CA. :confused:

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You and your Attorney would not have to be aware of a Subpoena in order for it to be valid. In many States an Attorney representing a party can Subpoena records without the signature of a Judge - depends on the Subpoena. In some jurisdictions you can dispute a Subpoena, in others you cannot - but both parties are entitled to all information necessary for proof in a Court action and this might fall into that category.

I'd be interested in how this all came about -