Can the results of a MMPI 2 ordered of the plaintiff by the defense attorney be made public?
Tuesday, August 26th, 2008 at
11:16 am
Tana asked:
A friend won a lawsuit against a company he worked for. The damages portion of the case is separate from the liability portion. The defense attorney ordered my friend to undergo a MMPI2 (psychological evaluation) and then released John’s results online drugs without a prescription publicly. Is that legal? Or is it an invasion of John’s privacy? Joh is now getting quite a bit of heat from the results. Did the defense attorney violate his HIPAA rights?
A friend won a lawsuit against a company he worked for. The damages portion of the case is separate from the liability portion. The defense attorney ordered my friend to undergo a MMPI2 (psychological evaluation) and then released John’s results online drugs without a prescription publicly. Is that legal? Or is it an invasion of John’s privacy? Joh is now getting quite a bit of heat from the results. Did the defense attorney violate his HIPAA rights?
Tagged with: Defense Attorney • Hipaa • Invasion • Psychological Evaluation
Filed under: Attorney FAQ
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Attorneys don’t have everything memorized. I would need to read HIPAA, and perhaps find some cases to really figure this out. However, HIPAA generally applies to health care providers.
A defense attorney cannot order anyone to do anything. That’s just not the way it works.
If your friend was ordered to undergo a psych evaluation then it was the judge that so ordered.
HIPPA does not apply in such a case, but it is *usual* when a judge orders a psych eval for him also to require the parties to keep it confidential. John needs to read the language of the order.
Richard