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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA Patient Is Sued, and His Mental Health Diagnosis Becomes Public
When a New Jersey lawyer named Philip received legal papers last year informing him that his former psychologists practice was suing him over an unpaid bill, he was initially upset they could not work out a payment arrangement outside of court.
It was only later, Philip said in an interview, that he scanned the papers again and realized something else: The psychology group to which he had confided his innermost feelings had included his mental health diagnosis and treatments he received in publicly filed court documents.
The greatest fear of many patients receiving therapy services is that somehow the details of their private struggles will be revealed publicly. Philip, who requested his last name not be used to protect his privacy, said he felt betrayed by his psychologist. He worried that his legal adversaries would find the information and try to use it against him in court.
It turned my life upside down, he said.
Short Hills Associates in Clinical Psychology, the group based in New Jersey that treated Philip, has filed dozens of collections lawsuits against patients and included in them their names, diagnoses and listings of their treatments.
http://www.nytimes.com/2015/12/24/nyregion/a-patient-is-sued-and-his-mental-health-diagnosis-becomes-public.html?_r=0
I smell an invasion of privacy countersuit in this clinic's future.
blue neen
(12,322 posts)No one should have access to a patient's personal files, particularly over a billing issue.
Isn't this a HIPAA violation of some sort? If it's not illegal, though, it certainly is unethical!
hobbit709
(41,694 posts)meow2u3
(24,764 posts)Another guy is being sued, whose son was outed by the clinic.
Our kids learn in school and were tasked to drive home to them that everything they do online will remain online forever. And dont do stupid stuff online, said Jon, who requested his last name not be published to protect his familys privacy. And now to find out that adults arent following that practice on their behalf is borderline devastating.
It's bad enough to out an adult psychiatric patient. It's even worse to out a child, who can lose his or her chance to have a decent career because of a childhood mental health diagnosis made public.
1939
(1,683 posts)The health care provider has to provide details of what treatment was provided or risk having the issue thrown out of court for lack of evidence. Possibly we need to have laws passed which permit HCP to get access to courts for their unpaid bills, but have the courts seal the filings because of HIPAA so that the health data (mental or physical) are not made public.
meow2u3
(24,764 posts)The fact that the clinic has been outing their patients by disclosing their mental health diagnoses and treatments is unjustified when it's really a billing issue.
The clinic's attitude seems to smack of "you pay us or else we'll embarrass the living shit out of you by outing you as crazy, making you unemployable."
Jim Lane
(11,175 posts)I don't know about NJ specifically, but other courts have provisions for filing documents under seal. The procedure has been used, for example, in commercial disputes where one litigant needs to reveal trade secrets in order to make its case.
The documents are in the court's file but not available to the general public. The opposing side sees the documents but is under orders not to disclose anything. Any papers the opposing side files that make reference to the confidential information must also be filed under seal.
I have to guess that similar situations have arisen in NJ courts before and that there's a procedure this clinic should have used.