Legal Question in Medical Malpractice in New York

What law is violated if medical assistant looks at patients file to see why they were in the office and person was a local celebrity, and had STD and told others about it?


Asked on 11/17/09, 4:08 pm

2 Answers from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Patient-Doctor privilege was violated. Do you have an interest in suing the assistant? You will need proof that your right to privacy was violated, proof being the hardest part. Feel free to call my office. I am in California but am also licensed in New York.

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Answered on 11/23/09, 5:46 am
Pasquale Calcagno Calcagno & Associates, PLLC

There is an egregious violation of the HIPPA laws and doctor/patient confidentiality. I am very sorry for this terrible situation. Evidence of the violation is of the utmost importance and it is difficult to get in these types of cases. Additionally, you want to take into consideration the notoriety this case may bring to such a personal and private medical matter. Call me, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. We are well established in New York state. I look forward to answering any questions you may have.

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Answered on 11/23/09, 10:43 am


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