Legal Question in Civil Litigation in California

Re: privacy of records insurance and second lawsuit

Two things: One, you need to hire a lawyer to defend against the defamation action. So long as what you published was true, the defamation case will be defeated. Second, you need to countersue for the money you prepaid. If the services were never rendered, the money needs to be refunded to you.

It appears the dentist wanted to beat you to the court. The thinking may be that when they sue you, you will just want to go away and not want to be reimbursed anymore.

Give us a call if you would like our help.

Re: privacy of records insurance and second lawsuit

The doctor owes you a refund for the full amount you paid, plus additional damages. Further, the doctor is in violation of HIPAA regulations if he is releasing your medical records without your authorization and there is no governmental immediate need for them.

I can recommend an attorney who specializes in medical malpractice who can assist you in filing the lawsuit.

Please feel free to contact me to arrange this at 626-578-0708, extension 4. I can also be reached through our firm's site at www.No-Probate.com.

Scott

Re: privacy of records insurance and second lawsuit

Obviously they did it, now you must defend the action. Whether or not it is admissible at trial may be an issue, however, get an attorney to defend the suit against you and to prosecute your suit. Your cross-complaint must be filed and served with the answer of the suit against you or else you will waive that claim. Call me directly at (619) 222-3504.

Re: privacy of records insurance and second lawsuit

This dentist has violated your right to privacy by using your confidential records, and your statements to compromise a claim should be inadmissible.

Depending on the time frame of the lawsuit, his suit against you may be ripe for a special motion to strike based on the anti-SLAPP provision of California law.

You should talk to an attorney who is experienced in both defamation and SLAPP motions and one familiar with medical malpractice.

Very truly yours,

Anthony Roach, Esq.

Re: privacy of records insurance and second lawsuit

Yes, it seems he is being aggressive to be intimidating. You should file a Motion to Strike based on SLAPP and other aggressive tactics. He sounds like he has done a number things wrong.

Joel

JOEL SELIK Attorney at Law

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