Drug Test Company Shares Private Patient Information: Mc&B Fights for Client’s Privacy
Going through a child custody battle can be very traumatic. Oftentimes parties are asked to show proof of a medical condition or lack thereof. Our client volunteered to undergo drug testing to ensure he was negative and nothing could impact his case. The testing results was for our client’s personal use only in the litigation of his case. He never authorized the release of this information.
Shockingly, the drug testing company released his records to his ex-wife and several members of her legal team, without his consent. Not only did the disclosure constitute a violation of our client’s HIPAA rights, it was also a violation of his privacy rights under Missouri law. Due to the conduct of the testing facility our client suffered loss of his privacy, unnecessary increased costs of his attorney fees associated with the family law case, as well as anxiety, humiliation and anger.
This client took the brave steps to stand up for his rights and asked McShane & Brady to be his champion. We took to task of litigating against the testing facility to hold the drug testing company for responsible its actions. Everyone has the right to expect their private medical records to remain confidential. As a results of our relentless pursuit of justice for our client he was able to obtain a large settlement for his claims.