Legal Question in Civil Litigation in Michigan

privacy

I have had a dispute with a neighbor. I found out the he is a nurse and he did some kind of background check on me and found out that I'm on medication. The medication is for anxiety and panic disorder that runs in my family but my neighbor screemed at me accusing me of being Bi-polar which the medication can be used for. Is this a privacy issue in itself or if he told other neighbors that I'm bi-polar which is false can I sue him?


Asked on 10/22/03, 12:17 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: privacy

You would have a hard time proving he misused confidential information. He could say that he guessed on your diagnosis based on behavior. Bill Stern

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Answered on 10/22/03, 12:40 pm
Andrew Prine Andrew W. Prine, P.C.

Re: privacy

Without doing any research, and assuming that you are correct that the neighbor improperly accessed your medical information, it would be my guess that he may be sued for accessing that information, disclosing that information to third parties, and certainly for making a false statement of fact to third parties.

As his actions were intentional, he likely would not have insurance coverage. In deciding whether to pursue a claim like this, one needs to consider many things, such as can you prove the claim that he accessed your records, what are your damages, is the claim covered by insurance, is he collectable, and the fact that all aspects of your physical and mental health history would be put at issue and open for discovery by your making a claim that you suffer from anxiety, but are not bipolar.

Given that there is apparently bad blood between you and the neighbor to begin with, you may not want him prying into other matters which remain private to pursue a claim that you may not be able to collect on. In this regard, you might want to consider the news coverage coming out of Colorado of late...

Please feel free to contact me if you want to discuss this matter.

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Answered on 10/22/03, 12:44 pm


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