If my psychiatrist gave information about my case to my father without my consent, can I sue him and get my records destroyed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my psychiatrist gave information about my case to my father without my consent, can I sue him and get my records destroyed?
I was held under 48 hour emergency papers 3 years ago. I told the psychiatrist I did not want my father in the room; I was over 18 years old at the time. He then, in front of me, brought my father into the room and told him I was being held for the night. I was also never given a copy of the mental health law that I was being held under. I want to sue him for a Hippocratic oath violation and get those records destroyed because it is impeding my career.
Asked on May 7, 2012 under Malpractice Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You can't get medical records of your stay destroyed; not only is there nothing improper about the facility and pyschiatrist keeping records of a legitimate visit or stay, but they are actually required to keep them by ethical and insurance rules.
2) You can't get records of a civil committment destroyed, since those are public documents.
3) The psychiatrist may have committed a breach of the governing medical ethical standards, and you can certainly report him to the state agency which liceneses doctors and pyschiatrists for that, but you most likely cannot sue him. That's because to have a viable lawsuit, you need not just wrongoing on the part of the other party, but also damages (such as an economic injury) *directly* caused by the wrongful act. Telling your father about your being held would not directly have caused you any cognizable losses or injuries (the law does not provide recovery for embarrassment or being distraught)--even if your father then in turn misused the information to injure you, the psychiatrist is not responsible for that misuse, since there was an intervening action by another party, which broke the causal chain.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.