I need help finding a lawyer

Latest post 10-15-2012 4:42 PM by MaraFar. 19 replies.
  • 06-04-2010 6:40 PM

    I need help finding a lawyer

    Hi.  I need help finding a lawyer who can help me sue [an organization].  My ex-wife, in an attempt to cover her wrongdoing, said a very slanderous thing about me to a phone nurse who takes calls (namely, she claimed that I had been convicted of a very hienous crime when, in fact, my criminal record is clean.  Then, in the visit following the phone call my ex made, it was determined, by my ex's own admission, that something bad was going on in her house which explained why she said what she did about me, so that it would take attention away from what was going on in her house), and then [the] staff made the decision to write the comment in my son's medical records (without any investigation to see if it was true) which my ex-wife and [the organization] has now shared with other agencies in the area, to include my son's school, etc.  Then [the organization] tried to hide the comment from me by blacking it out when I requested a copy of my son's medical records.  I only found out because I noticed that when I went to receive care that I was being treated differently (like I was a monster), and finally I asked a nurse if I had done something wrong to make everyone mad at me, and she told me to look in my son's medical records on a certain date (the date in my son's records that contained the false remark about me), and so I went to medical records and, with the help of a friend who now works there, I found out what my ex had said about me which was causing everyone to treat me badly.  After that I went with a copy of my clean criminal record and requested an immediate amendment to my son's records.  Since then all [the organization] has done (over the last month and a half) is tell me that they "need more time" to investigate the situation.  I believe that I have a strong case against (based on the book "Legal Aspects of Health Care Administration" which, ironically enough, [the organization] keeps in it's training library for it's staff to use), but I need a good attorney who can show them that they cannot ruin people's lives by putting comments about one person in another person's medical records that are slanderous and extremely damaging (comments that have nothing to do with the care of the patient and are about another person entirely) and then, not only hide the comments from the person who is being slandered, but share the comments via the medical records with important people and important agencies in the community where the slandered person lives.  This might even be a class action matter because the nurse who finally helped me told me that it goes on all the time, and that [the organization] even has a "code" that they use on people's records that tells staff if they are criminals, etc., it does not matter if the comments are true or just rumors, and that these comments are written in something called a "staff journal log", so I am sure that there are other people who are out there who have had this very same thing happen to them, most of whom probably have no idea what is being said about them.  One final note, the crime that my ex said that I was convicted of is the type of crime that would never be expunged from a criminal record, and would even label the person who was convicted of it publically for life, so that is not the situation here, as I can clearly prove that I have never been convicted of any crime.  In addition, it is the type of crime that everyone has the same reaction to, and it is a very bad reaction directed towards the person who was convicted of the crime, so it has damaged me, and is still damaging me, very severely.  Thank you for your time.

  • 06-04-2010 6:41 PM In reply to

    Re: I need help finding a lawyer

    Sorry, I forgot to add, I live in the Vancouver, Washington area.  Thanks.

  • 06-04-2010 6:42 PM In reply to

    Re: I need help finding a lawyer

    How, exactly, have you been damaged?

    The person you need to be upset with is your ex. Once a healthcare professional learns of such a claim they are OBLIGATED to report it.

  • 06-04-2010 6:50 PM In reply to

    Re: I need help finding a lawyer

    You are misunderstanding the situation.  She was not saying that I was doing anything wrong, she was saying that I had been convicted of a crime, and I have never been convicted of any crime.  Please re-read the post.  I could understand if she was saying that I was doing something wrong to my son, but that is not what she was saying, and I clearly understand the Mandatory Reporting Law, so I understand what health care professionals are obligated to do, but this situation has absolutely nothing to do with that.  And if you are not aware of the damages that extremely slanderous remarks can cause to a person in the community in which they live, then you would not be the attorney for me anyway.  Thank you for your response.

  • 06-04-2010 6:52 PM In reply to

    Re: I need help finding a lawyer

    In addition, they may be obligated to report certain things, but they are not obligated in any way to print obvious slanderous remarks about one person in another person's records, for any reason (per the book I cited above in the initial post).  Again, thanks.

  • 06-04-2010 6:55 PM In reply to

    Re: I need help finding a lawyer

    Well, I'm not your attorney and I have no intention of being your attorney so we are good there.

    To prove slander you have to show ACTUAL damage.

  • 06-04-2010 7:06 PM In reply to

    Re: I need help finding a lawyer

    I have been in the medical field over 25 years and here are your options:

    1) file a HIPAA complaint with the Department of Health and Human services regarding the unauthorized release of your medical information to third parties without consent.  You can find the information to file a complaint here:

    http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

    Be aware that there are no civil penalties for HIPAA violations.  Meaning you cannot sue the health care provider. The only thing you are legally entitled to regarding this entry in your medical record is a correction of the record.  

    2) your slander claim is against your ex-wife but in order to prevail you have to prove actual damages as Lynn said.  

    "that [medical provider] even has a "code" that they use on people's records that tells staff if they are criminals, etc."

    There is nothing illegal about coding a patient chart with internal language that alerts staff to potential situations.  Many times patient charts are coded to alert staff to drug seeking patients, special needs, potentially dangerous patients etc.  The patient has a right to review their chart in all fifty states and correct inaccurate information. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-04-2010 7:12 PM In reply to

    Re: I need help finding a lawyer

    What would you consider actual damages in a slander/libel case?  You sound like you do not believe that there are ever actual damages in a slander/libel case.  What would you call the following:  Public humiliation, refusal of services, etc.  Obviously you have never been exposed to someone telling a very serious lie about you, or else you would understand what damages I am talking about.  And to be blunt, I hope that you never do have to go through what I have been going through.  Just the way that you are combating me on this is evidence of what I am talking about.  In your mind you thought that I had actually done something wrong, without ever meeting me, talking to me, or even knowing the specifics of this case, and yet it was enough for you to start opposing me on this.  All I wanted was to know where to find a good slander/libel attorney, and you chose, based on your misunderstanding of my post, to treat me like I am doing something wrong by requesting a referral for legal counsel.  I thought that this is what I could do on here, was I wrong?  I see other people doing it, I am in the right catagory, does requesting help in finding an attorney apply to everyone except those who are in need of help in a slander/libel case?  I hope not.

  • 06-04-2010 7:20 PM In reply to

    Re: I need help finding a lawyer

    Thanks for your reply, and I understand about the confidentiallity laws, but again, this is not about them illegally sharing my records, it is about them writing a blatant lie about me in another person's records, and then refusing to remove the lie once it is proven to be blatantly false, which [the organization] is refusing to do.  In addition, I understand that [the organization] has the right to put comments in records about people for it's staff, but it is wrong when they are damaging lies that affect people's lives.  I understand that my action includes my ex, but I feel strongly, again based on my reading which I cited in my original post, that [the organization] shares the liability here based on the fact that they know that it is a very damaging statement, and they have the proof that it is false, and yet they are still refusing to remove it from the records, even when I request it.  Thank you for your reply.

  • 06-04-2010 8:08 PM In reply to

    Re: I need help finding a lawyer

    We do not make referrals. You can use the find a lawyer area to the right of the screen.

    How has this been made public? Who has it been shared with? Have you had employment issues because of this? Are people refusing to associate with you? Other than being upset, how has this damaged you?

  • 06-04-2010 8:11 PM In reply to

    Re: I need help finding a lawyer

    What you don't understand is that the medical organization is not law enforcement.  They are not obligated to investigate the information that your ex-wife gave them.  They merely documented her statements.  Your recourse is against her for making the statements.  You can file suit against both entities but that will only make the allegations VERY public.  

    You also should be aware of site rules and stop using the name of the provider.  It violates the terms of service.  You can count on the moderators removing the identifying information.

    Site rules also prohibit referrals to attorneys.  If you are convinced you have a case then you can use the "Find A Lawyer" feature to locate competent counsel near you.  If more than one attorney refuses the case then that is your answer that one does not exist despite your beliefs.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-30-2010 11:03 PM In reply to

    Re: I need help finding a lawyer

    A simple site that is a good source to find a local lawyer is www.findlawyerattorney.info because when you go to the page for a legal specialty there are lsitings of local lawyers and law firms taking new clients on each page.

    Good Luck in your search and on your case!

  • 06-30-2012 2:52 PM In reply to

    • essmom
      Consumer
    • Not Ranked
    • Joined on 06-30-2012
    • CA
    • Posts 1

    Re: I need help finding a lawyer

    This very large HMO to which you refer has a policy of documenting everything said during phone calls to the advice line.  Sad but true.  So, if you swear, if you make disparaging comments, it's all documented. 

    Also another policy they have is so-called "emails" to your doctor are NOT considered part of your medical record and cannot be supoenaed and will NOT be included if the patient requests their medical records.  This is the main reason I refuse to use this method of communicating with my doctor, as unfortunately they are my medical provider. 

    In terms of medical record release, the HMO has sometimes "lost" critical medical records.  If you have them as your provider,  it is best to continually request your records so you have your own copy and that they can lose them in the future.

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