Adolescent medical history right to privacy

[Legallyconfused1]

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

 

[Tax Counsel]

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.

 

[adjusterjack]

If someone is writing an autobiography

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.

 

[zddoodah]

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.

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