I don't know what the law is regarding this in your state, but this is not a medical malpractice claim. You should however, report his conduct to the state licensing board.
It is not a medical malpractice issue (which is good for you). You should notify your homeowner's insurance company -- it may defend you in the libel case. You may have a counterclaim to file for breach of HIPPA. You may a complaint to file with the Florida Department of Health (which regulates doctors) also.
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This does not appear to be a medical malpractice issue. Breach of confidentiality under the HIPAA statute does not provide you a cause of action against the doctor.
If you have either homeowners or renters insurance, turn this lawsuit over to your carrier and demand that they defend this claim against you.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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