Q: HIPPA Violation
I received a copy of my Electronic Medical Records (EMR) via a CD from a third party without my written authorization. In short, the insurance company released my EMR to a third party without my consent. I have an ongoing arbitration case for medical negligence. Not only was it an invasion of my privacy, but also a breach of patient-doctor confidentiality. I have very sensitive information that's not even related my case. I asked the respondents' lawyer to provide me a proof in black and white that I waived my privacy rights but to no avail. I also asked the lawyer to tell me under what section in the California Code of Procedures does it fall that I waived my privacy rights if I filed a civil suit but he couldn't provide that to me either.
A: If you have a pending medical malpractice case, the other party is entitled to obtain a copy of your medical records. You have put your medical condition at issue and therefore you have waived your right to privacy. For those issues that are not relevant to your case, they will not be admissible at the time of the arbitration. But, the other party still has the right to review the records and determine what is and is not relevant to your case.
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