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An opposing attorney in a family law case purposely published my medical records into the public eye.

Dallas, TX |

I was involved in a family court case were the opposing attorney purposely published my medical records into the public clerk records as a form of "Punishment." - Her words, not mine. what criminal and civil remedies do I have? What agency regulates the criminal aspect of this. The judge marked the actual medical records confidential but left the business records in the public eye. I told him this is discrimination against a disabled person to leave any of my medical records in the public eye. He also left my social security numbers, credit reports, employment applications and records, and other privileged information in the public eye. The opposing lawyer is a powerful, corrupt law firm in Dallas and I am pro se as I can not afford a lawyer and the judge won't appoint me one.

Attorney Answers 2


Several legal remedies may potentially be available to you. However, without a lawyer to enforce your rights, those rights will almost certainly not be vindicated. In order to accomplish what you want, one needs a formal legal education and training and experience in family law, among other things. Lawyers study and work for years to learn these things. You cannot reasonably hope to learn your legal rights or how to enforce them on this or any other website.

You can certainly report the facts to the Dallas County District Attorney's office. Those are the folks responsible for determining whether or not a person has violated a criminal statute and for prosecuting criminal offenses. You don't need a lawyer to make such a report. However, getting the records sealed and possibly getting you some monetary recovery from the lawyer will require you to hire a lawyer.

You specified "Ethics" as the practice area for your query. If you think your spouse's lawyer has committed an ethical violation, your remedy is to file a grievance against her with the State Bar of Texas. You don't need a lawyer to do this. All of the information and forms you need can be found on the SBOT website. A link to that website also appears below.

You say you cannot afford a lawyer. Have you tried to hire one? If not, you should immediately consult a Dallas lawyer who is certified in Family Law by the Texas Board of Legal Specialization. A link to the Board's website appears below. Family lawyers' fees are generally within the reach of folks of average financial means. Some of them even offer a free initial consultation.

Good luck.

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One of the remedies available to you is a motion to seal court records. If you petition the judge to seal these court records and demonstrate that you've been harmed by them, you should be able to get them removed from the public eye. If this is a family case, however, most records are fair game under the "best interest of the child".

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Actually Mr. Cohan, you are wrong. Judge Martin sealed the file and told the opposing attorney, on the record, that the medical records should have been marked confidential and filed as privileged. It is illegal to post medical records, social security numbers, social /home studies, and other personal / privileged information into the public record. You shouldn't be giving out wrong advice.

Mark Anthony Cohan

Mark Anthony Cohan


I'll agree. I was wrong in my understanding and it should not have been posted in their entirety. In certain cases (like civil cases) they do post some medical records. it's also common to post part of someone's confidential information (like the last four of your social) as part of a petition. I'm sorry for the confusion and I was wrong.

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