Re: were my rights violated?

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Sorry, it is Hipaa not Hippa. I would advise you to get council
on this matter. The evidence from the illegal search should be
struck. I believe the only times that a hospital can release
the medical information reguarding tests is when there is a
signed consent or if you were involved in an accident.

On 12/04/06, S wrote:
> Simple question.....were her rights violated in this case?
> Should she spend the time and money for an attourney? I would
> think that it would fall under the 4th Ammendment rights as
> well as a Hippa violation.
>
>
> On 12/04/06, A law student not an attorney wrote:
>> Read the board... this is for law students. We are not
>> licensed to practice law.
>>
>> The only advice we can give you is, consult an attorney.
>> On 12/03/06, Sad Mom wrote:
>>> I have a daughter that is in her teen years that has been
>>> struggling with mental illness issues for several years
>>> now. She had an outburst that ended up with my hand in
>>> her mouth and me restraining her other arm so she could
>>> not continue to hit me. I instructed her to quit biting
>>> me or I would bite back, my mouth was the only part that I
>>> could use at the moment. She would not release and I bit
>>> her to get her to release me. I was charged with 5th
>>> degree assalt.
>>>
>>> While I was being detained by an officer, my daughter and
>>> a female officer entered my locked bedroom without mine or
>>> the other lease holders permission. While in my bedroom
>>> the officer proceeded to go through my closet, dresser,
>>> nightstands, purses, shoes, luggage, under the bed, ect.
>>> While conducting the search the officer recovered a small
>>> amount of marijuana.
>>>
>>> My two daughters were sent to 72 hour protective foster
>>> care by the officers.
>>>
>>> I was taken to the local ER to be checked out and treated
>>> for an anxiety attack. While at the hospital I supmitted
>>> to my physican for blood work and urinallisis... I have
>>> some health issues and I thought my health information
>>> would be private to me, other than informing the officer I
>>> was ok to be released to custody. The attending physican
>>> released my medical information and test results to the
>>> arresting officer and he used this information against me
>>> in the police report.
>>>
>>> Social services is now using this information against me
>>> and trying to take my two daughters perminantly from me.
>>> I have no prior record, I haven't even had a moving
>>> violation in 20 years. Shouldn't this information be
>>> struck from the record since it was not a legal search of
>>> my home and that I did not sign anything allowing my
>>> health records to be released to the officer? I was
>>> charged with a 5th degree assalt, which is a mistameaner.
>>> I have not been charged with any other crimes. Is there
>>> any recourse to the actions of the officers, physican or
>>> hospital? This ordeal has been horrible on my children
>>> and myself. My children are still out of the home, my
>>> youngest is staying with her father and my teen is stuck
>>> in foster care he**. I think she has the worst case
>>> worker ever. My daughter struggles with depression and
>>> her case worker informed her that at the bare minimum she
>>> would be in foster care for six months, if not until she
>>> turned 18.
>>>
>>> I am not a bad mom, I love my kids more than anything in
>>> this world. I am very active with my children. My friends
>>> tease me about getting a life outside of the home because
>>> I rarely go out.