quote:Dag, if Theca is falsely accused, can she sue?
It's hard to sue the police. Very, very hard. And that's not a bad think in and of itself unless we're talking consitutional violations. They have to feel free to investigate.
This woman, on the other hand, is fair game if it turns out she's involved.
Once the criminal charges are sorted out, Theca's lawyer will have a good understanding of what sort of recovery might be possible.
posted
Sheriffs are a weird duck, though. I mean, it's an elected position in most communities. Theoretically, at least, it's possible to be elected sheriff without actually having any law enforcement background, isn't it?
In practice, sheriffs seem to operate with a lot more autonomy than other local law enforcement types.
If they go around violating the law at the very least they should be held accountable by some sort of review board. So I suppose there should be a way to lodge a formal complaint somewhere. In this country, tort liability seems to be the only way to get people's attention, though. If he suddenly found himself facing a huge lawsuit for falsely accusing someone or for ham-fisted investigation techniques or something...
Hmm...
At the very least, Theca should be able to recover the legal fees she pays to prove her innocence.
Posts: 22497 | Registered: Sep 2000
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1) Either the sheriff is NOT very educated in the current trend in social security # theft (didn't we have a whole thread on that?) and identity theft
or
2) He's bluffing, trying to see if playing bad-ass will make someone break into confession.
or
3) or I've just lost my faith in the integrity of this particular police department where you are.
I stand by my belief that it will be proven you are both victims. Look up on the web about social security # theft -- it is a huge problem - often illegals trying to work using someone else' social security #, etc.
Somehow, you got caught in the middle of all this, but you should be able to prove it easily in court. THe problem is -- all that money you have to spend for legal fees just to prove yourself innocent. That is one part of our legal system I really disagree with.
posted
Actually, I have seen a number of sherriffs without any meaningful law enforcement experience in elected positions. It's not unlike any elected office in that respect.
My theory that this dip is a dip comes from a one-sided, half-arsed investigation and a "Well, I'm 98% sure you're guilty" line.
posted
She's accusing me of HIPAA violations too now so that takes it to a medical level. That hadn't even occurred to me. This really beginning to scare me again. Lawyer is onboard, anyway.
Posts: 1990 | Registered: Feb 2001
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posted
This definitely sounds fishy. Was she a former patient or something? I mean, how would HIPAA apply otherwise? (don't answer that, I see Dag's admonition against it)
Posts: 5422 | Registered: Dec 2001
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Do you know this woman at all? Can you think of any reason why she might have it out for you?
[Edit--Tick beat me to it. And like him, I wouldn't actually want you to post an answer to my question. I'm interested in hearing the full story after all of this is resolved though]
posted
Lets just say I work at a very large clinic with 70+ doctors and thousands and thousands of patients and our systems are computerized. Funny, the sheriff called it fishy too. *laughs hysterically*
Posts: 1990 | Registered: Feb 2001
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posted
Make sure that your lawyer is prepared to counter-sue her for harassment, etc. It sounds like she's setting you up for a financial hit.
Posts: 1862 | Registered: Mar 2000
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posted
I am shocked and appalled that this is happening to you, Theca. My hands are actually shaking, I'm so angry.
I know this will all be resolved in your favor, because you're innocent, but I'm so sorry you have to deal with such a major hassle. I wish there was something I could do to help.
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posted
Wild speculation based on no evidence: there is an identity thief working the computer system at work. They have left a false trail, which they were able to set up by using your records from that same computer system.
BTW, I am totally sympathetic with the desire to sue someone, but be sure everyone is focusing on dealing with the criminal charges first.
Posts: 26071 | Registered: Oct 2003
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posted
My wife's identity was stolen a couple of years ago. It turned out the receptionist at our dentist's office had a boyfriend who was involved with an identity theft ring. They used info pulled from dental records to get a driver's license in New Jersey with my wife's name on it, and they had applied for a credit card in her name.
The ring was using these credit cards to "rent" cars, and then apparently failing to return them. Luckily for us, the police were onto them before they got a chance to use false ID. The police informed us of the theft and we provided them with information that led to our dentist's receptionist. I think she also gave them information on her boyfriend, because we were given updates on the case, and she was never charged. (we almost had to go to NJ for court, but apparently there was a last minute plea bargain)
It was a little hairy for awhile, because we're more than just patients at our dentist; his son and my son are close friends. Needless to say he felt terrible that his office had been the source of our problems, but since we didn't incur any loss it really wasn't a big deal.
[ March 30, 2005, 02:20 PM: Message edited by: Glenn Arnold ]
Posts: 3735 | Registered: Mar 2002
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quote:I know this will all be resolved in your favor, because you're innocent
[loud, annoying buzzer sound]
I'm sorry, but that's incorrect.
It may be resolved in your favor; and we're all certainly hoping that it will be resolved in your favor. But when and if it is resolved in your favor, it will have very little to do with whether you're innocent of the charges or not. See "lawyer," above.
posted
I feeling pretty scared now. I think I've lost my lawyer. With the HIPAA accusation, the clinic needs a lawyer, and I think that's where my lawyer is siding. He's stopped using the "I" word and was speaking in the third person about who was going to represent me in our last phone call 2 hours ago. I expect in the morning he'll refer me to somebody else. Maybe having tonight to research what I told him gives the clinic an edge over me? There is nobody on my side now. I'm supposed to move in 5 days, I start a new job in 2 weeks, and I can hardly stand upright right now. I could lose everything over this.
Posts: 1990 | Registered: Feb 2001
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posted
Hang in there Theca dear. I can't believe this is happening to you!!! *throws something*
You're going to get through. I'm sure Dag is right and that you'll get a great lawyer tomorrow. You will NOT lose everything. Posts: 6415 | Registered: Jul 2000
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posted
Obviously Dag knows better, but if you did give him information he can't use it against you...
I'm so sorry you have to deal with this, Theca. I'm sure it's very frightening. I'll be keeping you in my thoughts.
Posts: 7954 | Registered: Mar 2004
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posted
I wish I could offer you something other than omline moral support, Theca. This is really scary.
Posts: 10890 | Registered: May 2003
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In order to be convicted of anything, they have to trace something to you. It's not enough that you happen to work in the same place and have access to the information. Somehow, the money she lost has to end up in your pocket. (not exactly, but metaphorically speaking)
That didn't happen, right? So they've got nothing on you. Don't freak out.
We're all pulling for you.
Posts: 3735 | Registered: Mar 2002
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posted
It sucks. It bites. It's crap. It's terrible. And it might be time to get a punching bag and take out all your anger on it. That can work wonders.
posted
The Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This is applicable because:
quote: HIPAA Administrative Simplification
The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) require the Department of Health and Human Services to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data. Adopting these standards will improve the efficiency and effectiveness of the nation's health care system by encouraging the widespread use of electronic data interchange in health care.
Emphasis mine.
Unfortunately by invoking possible HIPAA violations, the medical clinic has gone on emergency defensive and the original lawyer has to try and minimize any potential damage to his primary client.
Assuming your clinc has been doing their job with the records, they should be able to show you didn't get at the records inappropriately. I know when I pull up anyone's account, it's logged by the server. Someone can go in behind me and see exactly whose accounts I've accessed. I hope you've got something similar at work.
posted
I'm now pretty scared. But I get to meet and talk to my potential new lawyer on Saturday. I have movers coming Monday to move me to a new city so she is meeting me right along Lake Michigan on Saturday, she expects we'll be talking about two hours. She sounds really, really nice and she just won a huge criminal case today. I can't wait to talk to her. I'm getting some phone calls at home that are making me nervous and I can't really ask her about it until she takes my case tomorrow.
posted
Good. Trust your lawyer. We can give you support, but we can't really help. It sounds like the lawyer who couldn't take your case was doing his best to act ethically - this is a good sign all around. There's nothing saying the clinic won't help you; if they have a lawyer of their own they'll feel more comfortable doing that.
posted
Theca, do not trust your clinic's lawyer. Do not communicate with him in any way except through your own lawyer. I'm sure you are innocent of the criminal charges so I'm not too worried about that. However, the identity theft victim may file civil suits against you and the clinic on the theory that your negligence was responsible for the identity theft. If that happens, the clinic may have an incentive to blame as much of the negligence on you as possible.
You should also write down everything you have ever told the clinic's lawyer. Did you say anything that could be construed as negligence on your part? (Don't post an answer to that question, just think about it.) Make sure you tell your current lawyer every single thing you said to the clinic's lawyer.
quote:It sounds like the lawyer who couldn't take your case was doing his best to act ethically - this is a good sign all around.
Dags makes a great point. The lawyer's is acting ethically and that is a good sign. I'm not saying you and the clinic will automatically be enemies. No need to be belligerent or deliberately unhelpful. I just want you to be prepared for the possibility that you and the clinic may not always be on the same side.
[ April 01, 2005, 08:21 PM: Message edited by: Beren One Hand ]
Posts: 4116 | Registered: Apr 2002
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quote:Theca, do not trust your clinic's lawyer. Do not communicate with him in any way except through your own lawyer.
Yes, I should have stated that explicitly. If the clinic can help you, his lawyer will talk to your lawyer and they will work it out. But he represents them, not you. This is what will allow them to possibly help you, but it is also possible for them to circle the wagons with you on the outside. He is looking out for them, as is his job.
posted
The clinic and clinic lawyer know every single detail that I know at this point. We sat down for over 2 hours today, the CEO, the lawyer, and I, and the HIPPAA privacy officer, and the lawyer promised to give me the name and phone # of the lawyer he recommended AFTER I spoke with them. So I did. It is complicated since Hippaa got involved and also I have to have a Michigan lawyer rather than Indiana lawyer so I felt like I had to do what he asked and take his recommendations.
Posts: 1990 | Registered: Feb 2001
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posted
(((Theca))) I'm keeping you in my prayers. You have so much going on and you have to deal with this too. I can't believe it. Thanks for keeping us in the loop, we worry about you.
(And a thanks from me for the great advice that's been given thus far. I love Hatrack.)
Posts: 6415 | Registered: Jul 2000
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posted
Theca, did he tell you the name of the other lawyer after the meeting? Or did he withhold the name of that lawyer despite your request for the name pending your cooperation?
Those are two different situations, dn I wasn't sure what you meant.
Also, don't speak to them about any of this again unless your lawyer is present, as that lawyer si the only oen specifically looking out for you right now.
quote:Or did he withhold the name of that lawyer despite your request for the name pending your cooperation?
Yes.
At least, he told me yesterday he would help give me a good recommendation after we discussed the case today. He reiterated that when I asked again when I showed up for the meeting today.
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Theca. Hang in there.
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