QUESTION
HIPPA violation by non-client attorney and/or violation by 3rd party psychologist?
Asked on Jul 27th, 2016 on Legal Malpractice - Wisconsin
More details to this question:
Divorcing couple were court order for psychological testing. Petitioner did not like the outcome and received court order to have 1st psychologist release all of his file to a second psychologist "for the purpose of assisting the petitioner's attorney with cross examination of 1st psychologist." Petitioner changed attorneys. 2nd psychologist submitted an unsealed report to the court, petitioner, defendant, and their respective attorneys. This report included sections of the 1st psychologists reports and re-reported his findings. 2nd psychologist had no release from defendant and no court order to release his report. 2nd attorney wants 2nd psychologist's report entered into court record.
1 ANSWER
4 Awards
It is not unusual in a custody case for there to be a second psychological evaluation, where one party disagrees with the findings of the first report. Usually, they are court ordered, and when the court allows the second evaluation, it would be provided to the court, the attorneys of record and the guardian ad litem. In most counties, the court will issue an order or there may be a standing local court rule that the parties can read the psychological reports, but not be provided with copies of the same. I'm not sure I completely understand what your criticism is about?
Answered on Jul 28th, 2016 at 5:08 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com