1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Adolescent medical history right to privacy

Discussion in 'Professional, Medical Malpractice' started by Legallyconfused1, Jan 4, 2021.

Tags:
Thread Status:
Not open for further replies.
  1. Legallyconfused1

    Legallyconfused1 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New York
    Hi,
    Not sure where this question fits in, but here it goes:

    If someone is writing an autobiography and decides to go into detail about their childs (under 18) medical history (including the various hospitals they were admitted to), is there any sort of legal right that the child has to their privacy? The child is now an adult and much of the medical information written by the writer in the book is not only completely inaccurate but extremely private and traumatizing. It also threatens the child (now adults) current career as well as their current health and the writer was never present for any of their experience in the various medical institutions.


    Thank you so much
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,018
    Likes Received:
    1,179
    Trophy Points:
    113

    There is no federal or NY law that expressly requires a parent to keep his/her child's health information private. However, if the facts stated in the book are false and those false facts are damaging your reputation you may have a good defamation claim to pursue. The details of what was said, when the book was distributed to others, and what harm you have suffered would all be relevant factors here. It also matters which state's law applies. If the book was distributed some time ago you may find the claim barred by the statute of limitations (SOL). For example, NY has a one year SOL for defamation claims. While that one year likely starts to run when you turned 18, it would still mean that if you are over 19 it may be too late. You'd need to consult a tort law (e.g. personal injury) lawyer to go over the facts and see if you have a claim worth pursuing.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,431
    Likes Received:
    3,111
    Trophy Points:
    113

    Is writing? Present tense? Like they are in the process of writing it now?

    If the material is that damaging to you I suggest you consult a defamation attorney now and see if there is a way to get an injunction against the publishing of the damaging material. Your parent may think twice when faced with a lawsuit.
     
    justblue likes this.
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,950
    Likes Received:
    1,383
    Trophy Points:
    113

    While I see no harm in consulting with an attorney, there is pretty much no way to get an injunction against future speech.
     

Share This Page

Thread Status:
Not open for further replies.