Legal Question in Civil Litigation in California
privacy of records insurance and second lawsuit
i prepay dentist $15000 for work. half work re done, he agrees to redo. then hides from me 4 months then emails and tells me to go elsewhere to have work redone/fixed. will not refund money. says most of records lost on computer. i file claim with his insurance company. they offer $5,000. i say no, it will cost $15,000 min to fix. before i decide on whether to take $5,000 and after i said i was going to file a lawsuit against him but before I actually filed one...he got a non insurance co lawyer and filed a lawsuit agaisnt me for defamation/privacy because i wrote a factual comment on a patient forum about him. the inforamtion the lawyer has based the suit on came from my patient records and insurance letters during the negotiations. question: can the dentist take my medical filke information and my communications with his insurer and give them to another lawyer to file a suit agaisnt me? i have never signed any release of my records even to the insurance company. what does this violate? what can be done? plus i believe the lawesuit is to scare me into compliance and not filing a lawsuit agaisnt him. like a slapp. if i would have taken the $5,000 they wanted me to sign a confidentiality agreement. thanks
5 Answers from Attorneys
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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