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What type of attorney would handle an error by a psychiatrist? Is it possible to tell if there is a case?

Dayton, OH |

My spouse, had major depression. at the onset his pscyhiatrist openly violated hippa by
talking about my personality traits. he suggested a divorce and recommended his own attorney. My husband started a divorce against me, using this doctors attorney.
Since this doctor shared what he thought were my personality problems with my husband, my husband has completly left the relationship. I feel it was all started when he came to doctor in deep major depression and doctor encouraged him to divorce. this completely destroyed our family, my kids and our finances. help

Attorney Answers 4


  1. Consult with a local med mal atty to see if you have standing to bring an action. There is a good chance that you dont, but each state has its own rules on these types of cases. There is no private cause of action under HIPAA. I also doubt you have a violation under HIPAA. Inthink it very common for therapists to talk to their patients about other people in their lives, spouses, parents, etc, and ask about their issues. If that was a HIPAA violation, most therapy could not be provided.


  2. Consult with a local medical malpractice attorney who has specific experience dealing with claims against psychiatrists. Good luck.


  3. You should definitely contact a medical malpractice attorney.

    The information provided should not be considered legal advice. I am not licensed to practice in any State other than Ohio. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.


  4. I'm sorry to hear about this, however, it would be a tough road to hoe, but have a local malpractice lawyer investigate nonetheless.