Right to privacy

[Freedom17]

What is the name of your state (only U.S. law)? Indiana

My ex wife went to the local school board School Psychologist for testing to determine if our 15yo son has ADD or learning disabilities. As part of the family history she told them I [as their father] have a history of severe depression, drug dependence, and PTSD from the vietnam war. Our son actually goes to a conservative private school and the Psychologist sent her rept to them with my medical history in the report.

I am now embarresed and feel a little humiliated that the private scool now has this private medical information about me. I didn't want the school counsellors, teachers, and principal to know about this...

I feel my rights to pricacy have been violated and want to know if I have any recourse?

 

[mlane58]

What is the name of your state (only U.S. law)? Indiana

My ex wife went to the local school board School Psychologist for testing to determine if our 15yo son has ADD or learning disabilities. As part of the family history she told them I [as their father] have a history of severe depression, drug dependence, and PTSD from the vietnam war. Our son actually goes to a conservative private school and the Psychologist sent her rept to them with my medical history in the report.

I am now embarresed and feel a little humiliated that the private scool now has this private medical information about me. I didn't want the school counsellors, teachers, and principal to know about this...

I feel my rights to pricacy have been violated and want to know if I have any recourse?

So you are more concerned about being embarassed than getting your son the help he needs? What a tool!

 

[Freedom17]

Of course I want my son to have the help he needs... but that is a completely separate issue.

I believe I have a right to keep my own personal medical background to myself and I should be the one to choose who I disclose it too.

This is a conservative christian school and they have rigid values and essentially believe it is wrong and sinful to have a drug dependency... also drug dependence implys addiction and perhaps illegal and/or criminal behavior. My dependence is related to pain mgt treatment of shell fragment wounds from the war. Prescription drugs. At the very least... this should have been clarified.

I feel my reputation has been damaged... not to mention how that may reflect on the teachers and school counselors attitudes/view of my son.

 

[Antigone*]

Nope you damaged your own reputation.

https://forum.freeadvice.com/drug-charges-28/felony-drug-possession-ncic-database-513272.html

Posting history folks

 

[swalsh411]

It's not a separate issue at all. Family history is very relevant here. If a parent was an alcoholic and their child was showings signs of the same, wouldn't those treating him have a very good reason to want to know the family history? How is this any different? His mother has a right and a duty to seek out medical care for him.

 

[Freedom17]

You guys don't get it... a consultation for ADD has no relationship to a fathers prescription drug history or personal medical records. Yes the mother has a right to seek out help as long as she doesn't step on my rights in the process.

One of you mention "alcoholic" which is interesting since many seek treatment thru AA which success is based on privacy. There is also a reason why social workers, dr's, and hospitals require medical authorizations prior to release of patient info... it's because people have a right to privacy.

All of you would be screaming bloody murder if an ex provided private medical info on you to a school district psychologist... who in turn relayed it [in writing]to another separate school and counselor. But is't Ok if it happens to someone else. What if you had aids or VD or something else private to you. What if you were gay and had not come out in public with that yet??

Anyway... I've talked to a local atty who said my rights to privacy have been violated and I do have a cause for action but thought i'd get a 2nd opinion here in case a legal professional might respond.

Obviously neither of you have that background and can't see past the negative surface of the issue.

 

[cbg]

And you got a second opinion; one that differed from the first one. See, when you look for a second opinion, you run the risk that this might happen. Otherwise, what's the point?

If you were only looking for a "second opinion" that said what you wanted to hear, you should have said so from the beginning so that no one wasted their time on you.

 

[Zigner]

You guys don't get it... a consultation for ADD has no relationship to a fathers prescription drug history or personal medical records. Yes the mother has a right to seek out help as long as she doesn't step on my rights in the process.

One of you mention "alcoholic" which is interesting since many seek treatment thru AA which success is based on privacy. There is also a reason why social workers, dr's, and hospitals require medical authorizations prior to release of patient info... it's because people have a right to privacy.

All of you would be screaming bloody murder if an ex provided private medical info on you to a school district psychologist... who in turn relayed it [in writing]to another separate school and counselor. But is't Ok if it happens to someone else. What if you had aids or VD or something else private to you. What if you were gay and had not come out in public with that yet??

Anyway... I've talked to a local atty who said my rights to privacy have been violated and I do have a cause for action but thought i'd get a 2nd opinion here in case a legal professional might respond.

Obviously neither of you have that background and can't see past the negative surface of the issue.

How many attorney's have offered to take this case on contingency, hmmm?

 

[Freedom17]

From The Posting rules:

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

That is what I sought which i've obviously not received... yet.

 

[Isis1]

From The Posting rules:

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

That is what I sought which i've obviously not received... yet.

if your ex had access to your medical information, or past history she is allowed to give it out. she is not bound by HIPAA. she relayed family history as a consideration to the child's well being and for a proper diagnosis.

if YOU are embarrassed, that's a personal issue. and maybe you should see a therapist about it.

now if you are looking for someone who has been in your same exact shoes, make some cofffe, sit down and put your feet up.

 

[Freedom17]

"How many attorney's have offered to take this case on contingency, hmmm?"

WTF... I seems like confrontation, disrespect and scorn is what many people get here instead of a decent effort of help from someone who has either a similar experience or legal background.

 

[Freedom17]

if your ex had access to your medical information, or past history she is allowed to give it out. she is not bound by HIPAA. she relayed family history as a consideration to the child's well being and for a proper diagnosis.

if YOU are embarrassed, that's a personal issue. and maybe you should see a therapist about it.

OK thank you for at least partially addressing the issue....

Already seeing a therapist.

The concern I have is the professional counselor/psychologist including this in her rept and submitting it to a separate entity. This is where the atty said my case lays. I was hoping someone else would see this [as he did] without me bringing it out here.

 

[Zigner]

"How many attorney's have offered to take this case on contingency, hmmm?"

WTF... I seems like confrontation, disrespect and scorn is what many people get here instead of a decent effort of help from someone who has either a similar experience or legal background.

Wow...easy to anger too?

The POINT of my question is that if you really DO have such a good case, then you should be able to find an attorney to take this on contingency.

 

[Freedom17]

Wow...easy to anger too?

The POINT of my question is that if you really DO have such a good case, then you should be able to find an attorney to take this on contingency.

I already said I spoke with one atty who did say he will take on 1/3 contengency but I first must pay upfront filing fees, and a portion of "anticipated expense" which he hasn't determined yet.

That tells me the case has little value, [which I understand] questionable liability, and low priority for him. From what I understand, most firms will float expenses and fees for slam dunk/high value damages.

 

[Zigner]

I already said I spoke with one atty who did say he will take on 1/3 contengency but I first must pay upfront filing fees, and a portion of "anticipated expense" which he hasn't determined yet.

That tells me the case has little value, [which I understand] questionable liability, and low priority for him. From what I understand, most firms will float expenses and fees for slam dunk/high value damages.

No, you didn't say that.

Look - your history IS relevant to the child. No law has been broken.