QUESTION
In Florida can a police officer write in a police report for an unrelated issue, that a man was Baker Acted by a doctor months prior?
Asked on May 23rd, 2013 on Legal Malpractice - Florida
More details to this question:
While investigating a police matter for a completely unrelated issue, and filing a report that never resulted in any charges, the officer makes note of a prior Baker Act (an issue of medical record) of an individual that was not divulged by the individual, thus making it public knowledge as the report is a public record. Is this legal, and as it shows up on thorough background checks, can it be expunged?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
This is an interesting issue regarding the interaction of the Baker Act provisions (state law) and the protections of HIPAA, which is preemptive federal law. My recollection is that Baker Act issues are a matter of public information, while the actually medical records themselves may not be. YOu will probably have to hire an attorney to examine this issue with a retainer and payment of an hourly rate to address this issue.
Answered on May 29th, 2013 at 3:31 PM
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