Federal Lawsuit/Interrogatories/HIPA/Psychiatrist and Psychologist

Asked 5 months ago - Boston, MA

I have a Federal Lawsuit involving reasonable accommodations related to my mental health disorders

The interrogatories by the defendant asked me questions like "state whether you have ever consulted a psychiatrist, psychologist"

or asked "describe in detail the reasons you have consulted a psychiatrist, details of any hospitalizations and names of medicine taken" the exhibits in the complaint from my doctors say what my mental disorders are

..how should i exactly answer these questions?..................should i answer the question some like this "privileged information under Hipa"

Attorney answers (6)

  1. Michael A. Satterwhite

    Contributor Level 13

    3

    Lawyers agree

    Answered . You filed the lawsuit. You will have to prove certain claims. If you put something like that, the other party could file a motion to compel or even a motion for summary judgment if you refuse to prove an element of your allegations. It is a strategic question. Read each work carefully and do not give more than what they are asking for.

    The information on this site is not, nor is it intended to be, legal advice. Attorney Satterwhite invites you to... more
  2. Estela Matta

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . When you put your mental health at issue in a lawsuit, you forfeit privilege to the extent that the opposing party has the right to defend against the suit and you must provide honest answers and information. You can't have it both ways---raise an issue then refuse to discuss it.
    You can assert a privilege, but then you must add "the above notwithstanding" and provide an answer to the question.

    I strongly recommend you retain counsel.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more
  3. Leizer Z Goldsmith

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Hopefully you have counsel to help with this and the many other complexities of such a suit. If not, find a lawyer now.

    This is not formal legal advice.
  4. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is actually HIPAA and you absolutely need to find an attorney to represent you on such a complicate case

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  5. Michael J. Szklasz

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The Defendant has the right to defend against the lawsuit. Therefore, unless completely irrelevent, they can discover all information about your claim through discovery including through the use of interrogatories. You must remember that you answer these under the pains and penalty of perjury so be honest. If you have a valid objection, state so and then the Defendant will have to move the court to compel your answer. Do you have an attorney? If so, consult with him/her about the discovery.

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on... more
  6. Dennis M. Abrams

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You will have to answer relevant questions because you filed a lawsuit making your health (mentally and physically) at issue. You cannot claim the information is privileged. But, if you do not have a lawyer, you will have trouble telling what questions are ok and what questions are not ok. Federal court if very challenging. You ought to get a lawyer who has experience there.

    The attorneys of Lowenthal & Abrams are licensed in several states, including Pennsylvania, New Jersey and New... more

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