Were my Hippa Rights and or Family Rights and Privacy violated?
I am over the age of 21 now, as a child when I was in school I was labeled as emotional disturbed due to my family situation. I was sexually abused and had a hard time dealing with all that happened. I was never a danger to myself or anyone else, i just was very reserved and did not speak a lot to adults. I did however speak to the school psychologist because I was ordered to due so. So she knows of all of my school records, family history and all the details that I disclosed to her.
Well as I said I am now over the age of 21 and have obtained the job as child mentor, I went in this field because I want to help children over come whatever situations that they are in, just like I was helped. (Not by the school psych mind you.) But as it works out I work in the same school district as him, and the child that I mentor is also under his case load. The psych has taken it upon himself to tell other teachers, and the principal of the school, that and I quote… "Should not be working with any kids, can not possibly help any of them. That I was emotionally disturbed in school, and had a lot of trouble in school. And that he doesn’t want me working with any children." Even though this has been almost 10 years ago, that I was even in this school district. His words have traveled all the way to social services (for whom I work) and all the way down to my boss. He was told the situation by his boss. Thank God they are not firing me or anything like that, but because of this psychologist everyone that I work with and that works with this child knows my personal childhood and school issues. I am just so hurt because all of my re-pore that I have been building for the last to years is tarnished. I feel that all I have is what people think of me.
What I want to know is:
1.) Have my rights been violated? He told my personal school Information to other people which have now resulted in my employers finding out.
2.) I am over the age of 21, does that mean that he can give out that info now?
3.) If my rights were violated what can I do about it? What should I do about it?
Thank you for all your answers
To be clear it was about 5 years ago that I was in this school, but I started seeing this person from the time I was 15 on up through school. And he is the school psych for all the surrounding schools. Plus we live in the same community. So it is hard to forget a face.
Tagged with: 10 years • adults • boss • case load • family history • family situation • god • hard time • job • mentor • personal school • pore • school information • school psychologist • social services • trouble in school
Filed under: Personal Privacy Rights
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I would imagine that he has an obligation to doctor-patient privilege as well as keeping your treatment and diagnosis with him private. However, you will have to prove that he said it and that some other staff did not get into your private files. You would be better off posting this question in legal and ethics or contacting your own attorney. Good luck (that guy sounds like jerk)
You’re an adult working with children.
Any negative stigma, especially mental, will be used against you.
Same as if you were a convicted felon or used drugs (on record).
It will come back to haunt you.
I don’t think your rights were necessarily violated, especially if you weren’t fired.
Watch out though and ask for real legal council, because you may lose your job over this.
Good luck.
And please, don’t be offended.
If you care so much, you’ll find other ways to help.
What happened to you was something that should of never happened. Yes, your rights were violated. They were violated in a very disturbing way. The answer to your first two questions comes down to this: http://www.rbs2.com/privacy.htm
Unless the psychologist was court ordered to tell a certain person about your difficulties, this was a violation of the law. For example, if(for some reason)the state found you to be "incompetent" in working with children, they may order anybody who knows your medical history to disclose information on you. However, this is unlikely, because from what you described it seems as if the psychologist disclosed information without having your permission.
Your rights were violated and here is what you can do about it: sue. You can sue the psychologist(and anyone else)who disclosed information without your consent, or without being court ordered to. Here is a website that will help you find a lawyer, if you need one http://communications-media.lawyers.com/privacy-law/
Good luck, and I hope everything works out. It’s a pity that the psychologist(who knows what he is and is not allowed to disclose)violated your rights like this. I hope I helped you.
Keri, ( Hi there!)
This unspeakable man has violated not only HIPPA but several confidentiality agreements that I know he had to sign for employment. Not only that, he has slandered and libeled you. You need to consult an attorney in your jursidiction. rarely, do we see total idiots like this, that are actually employed in a trusted position. Not only is he liable , but the school district is liable for not shutting him down and taking appropriate action.
You have a solid case against him and the school district. Imagine what this breach actually means. It means that all of the children and families that have relied on him to keep confidences, until a court of law orders him not to, are all in danger of being defamed, as you were.
While the truth is a defense against defamation ( slander ; libel) , the point is he is NOT telling the truth. The truth portion ( that you had seen him professionally is not the issue) but his OPINION you are not suited, even giving the impression you mght be harmful.
No doubt this has impacted your reputation and emploability , not to mention the mental anguish and emotional distress he added to a child victim that already had distress, and he KNEW it, and he still did what he did.
Please seek legal representation Monday. You need to look for a lawyer that limits his / her practice to civil riht, tort law, school law, medical issues; that type of practice Keep going until you get an atty that will take this case on a contingency.
Create a record of all that has occurred , in chronological order, and be prepared to fax this to attys consiering your case. make a witness list also, a list of people that have heard him tell this, or know about it. Let me know how it is going.