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| Attorneys & Legal Ethics Lawyer ethics, practice of law, malpractice, etc. |
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#1 |
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My was was inviolved with a child custody case with her ex. I had to go to family courtand testify. While under oath the opposing attorney asked about my SVA service connected disabilities. The judge cleared the courtroom at my wifes lawyers request . All had to leave except my wife, her lawyer, her ex's lawyer and her ex, her ex's new wife, myself and the judge. I disclosed my disabilities to include Hep C. The judge informed all that the info was confidential and not to leave the court room.
Well, her ex is in the NAaional Guard (I was in the guard with him and served 24 years full-time there). He's a full time employee like I was and serves with many people I know. Now these people know that I have Hep c and he has referred to me as a scumbag with hepatitis. He's an Army Officer. Do I have grounds for a lawsuit? Shouldn't the Family court judge have made my wifes ex and his wife leave the court room also? |
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#2 |
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If you want something to remain confidential, you do not disclose the information without a court order, and I don't believe a judge can order you to divulge your medical information to anyone other than the judge..and even then, the judge has to jump through some hoops to get records..
I'm not an attorney, but during a deposition for a civil case, my attorney, my friends' attorneys, and the opposing people and their attorney, were all in the room and the opposing attorney asked me questions about my family that I refused to answer because my family had nothing to do with the case, and I knew that the information would NOT remain confidential, and as a matter of fact, the people I most felt had no business knowing the information were there in the room..The people opposed to me in the case..There was nothing the opposing attorney could do but shut up. Let me add a warning to you for future reference...if you ever have an attorney who sends you a supposed court order from a judge directing you to obtain and send your medical records to an opposing attorney, don't do it. An attorney I had sent me such an order that was not signed by the judge, and I knew darn well the judge (in my case anyway) had no authority to order me to send my private records to another attorney...At best, the judge could have tried to order me to give them to him, but even then, I would have refused because in my situation, it had nothing whatsoever to do with the case... Just beware.... |
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