So I put up Part IV of the Truth series a little earlier than planned. I can’t stand having posts back up, and this one needed to be written, because it concerns the others. (If you aren’t up on what I mean, go read Part I, Part II, Part III, and Part IV of my ‘Truth Shall Set You Free’ posts.)
I was out running errands earlier when I got a call from the ex. He informed me that someone had forwarded him copies of my recent posts, and that he felt he needed to make me aware that posting his personal medical information in a public forum is a federal offense, and that he has already sent the copies straight to his lawyer.
It seems he is planning to take legal action against me for ‘revealing his private medical information’ on my blog.
Did I miss something here?
I don’t claim to be a lawyer, nor do I play one on the internet. I admit to not having the HIPPA laws memorized, and truthfully I don’t know if I even spelled HIPPA right.
HOWEVER…doesn’t common sense dictate that the second HE goes to court and files legal documents claiming that he has herpes and that I gave it to him, that this ceases to become ‘personal medical information’? I have always been under the impression that once papers are filed with the court, they become public record, and are searchable by anyone.
I do not have copies of his medical records, nor have I seen them. (My lawyer has copies that were obtained when he first made this claim, but I assume due to those privacy laws, they were never shown to me.) All I know and have shared here regurding the herpes case is on public record with the Mobile County Courthouse for anyone who has the time and inclination to go look it up. The fact that he charged me with this, and the fact that the lawsuit has not been dropped are both, as far as I am aware, open and free for anyone to look up.
The only truly personal health information I have shared here that is NOT currently on public records are my own test results, which are mine to do with as I please. If I want to shout to the rooftops and take out a billboard saying that I do not have herpes, I am legally allowed to do so.
In short, I was initially sued for giving him an STD that not one but two blood tests show I don’t have, and now it looks like I may be getting sued for writing about it on my blog.
I’ve always said handcuffs were my idea of a great Friday night.