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Indianapolis, IN asked in Libel & Slander and Personal Injury for Indiana

Q: Can I take legal action if my family discloses my therapy sessions?

I am concerned because my mom and other family members have intentionally shared information about my therapy sessions with others. There were no prior agreements or discussions about maintaining privacy, but this disclosure has made it harder for me to attend therapy. Is there anything legally I can do about this situation?

2 Lawyer Answers

A: Please don't provide any further details of your concerns in a public forum. If you are a minor, your parents or legal guardians have unrestricted access to your medical records in most jurisdictions, including Indiana. You state that your parents' disclosure "has made it harder for [you] to attend therapy." That implies that your parents have been discussing your situation with your therapist. This is not unusual as many therapists would want to understand a parent or guardian's knowledge/understanding of whatever may be troubling you. If you are an adult, your therapist needs your permission to speak with your parents. If you are a minor, it is entirely within the therapist's discretion whether to discuss your sessions with your parents. Such communication is not prohibited under Indiana law or under HIPAA (Health Insurance Portability and Accountability Act). Moreover, there is no private right of action under HIPAA. that means that a provider may be subject to fines but an individual whose information is wrongly disseminated cannot sue the provider. Again, if you are a minor, HIPAA does not apply.

You posted this under libel and slander. Libel is written defamatory statements and slander refers to oral defamatory statements. In any defamation action, truth is an absolute defense. Moreover, defamation actions are very expensive and you must be able to prove pecuniary (money) damages. A defamation action against your parents would be ill-advised. I hope this addresses your concerns.

James L. Arrasmith
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Answered

A: That kind of betrayal can hurt deeply, especially when you’re already doing the hard work of healing. If your family learned about your therapy from you directly or by overhearing, and not through a professional, their actions—while invasive—don’t usually break any laws like HIPAA. That law protects your medical privacy from doctors, therapists, and healthcare providers, not from private individuals.

You likely can’t take legal action against family unless they obtained the information unlawfully, like by hacking into private records or impersonating you. But if what they shared caused emotional harm or affected your reputation in a serious way, you might be able to explore claims like defamation or intentional infliction of emotional distress. These are hard to prove unless the damage is clear and documented, so you’d want to gather any messages, recordings, or witnesses that show what they said and how it affected you.

Even if there’s no strong legal case, you do have options to protect yourself emotionally and practically. You can talk to your therapist about strategies to rebuild trust and keep your sessions safe from outside interference. Consider asking your provider to tighten confidentiality, limit shared details, or even adjust your appointment setup. Most of all, remember that you still have control over your healing, no matter how others have acted.

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