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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband has claimed to a hospital that he is my daughters

Resolved Question:

My ex husband has claimed to a hospital that he is my daughters father to obtain her medical records for an insurance claim. He is not the biological father and has no parental rights. He's done this since we were divorced. When he found out I was pursuing the hospitals etc and said I was going to contact the insurance company, he threatened me via email saying he would go to my employer and say I had bank information about him and his daughter and used it in the divorce to get maximum payout in the settlement even though I haven't used anything, I work for a bank and have access but haven't used anything so now feel he is threatening blackmail to keep me quiet. What can and should I do to stop this fraudster?

Lorraine
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
i am not sure what you wish to know about this as clearly you are aware that he was not entitled to do what he did
Clare
Customer: replied 3 years ago.
What steps can I take to bring a case against the hospital for breach of data protection and is their any criminal case that can be brought against my husband for what he has done? The police didn't seem to want to know ?
Expert:  Clare replied 3 years ago.
Hi
What evidence did he give the hospital to make then think he was a parent?
Clare
Customer: replied 3 years ago.
Hi Clare, he phoned them and told them verbally that he was the father. He doesn't have any other evidence. I am assuming he told them we were married, when in fact we are and have been divorced since June last year, but he has pursued the claim in January of 2014. I have emails given to me by the hospital, which have confirmed him saying he is the father and that he has had information from the hospital regarding her stay in hospital.

Lorraine
Expert:  Clare replied 3 years ago.
Hi
For clarity ( put it down to shock)
He phoned the hospital - said he was dad and they sent him the Medical records?
No letter - nothing?
Did they at least send it to an address they had on file?
Clare
Customer: replied 3 years ago.
As far as I know everything was over the phone, so he didn't send any proof to them before they released the information. The address they sent the information was a previous address but as it wasn't the one where Bethany is living now and they have said they don't send information out other than to where the patient is living, they have done so in error. The hospital have just assumed because of same name, that he is the father. I'm appalled that they haven't followed procedure or even contacted myself to verify he has any rights.


He is trying to say that in the divorce case, during the marriage because she was classed as a child of the family, that gives him the right to do as he wishes and that I cannot have it both ways. We are divorced and my daughter hasn't anything to do with him and it was a clean break. He doesn't pay any maintenance to myself or for Bethany. He basically thinks he is above the law and can do what he likes inc how he was in the marriage.

He has done this to make money out of my daughters illness for his gain.
Regards
Lorraine
Expert:  Clare replied 3 years ago.
Hi
What is the nature of the claim that he is trying to make?
Have you made a formal complaint to the hospital?
Clare
Customer: replied 3 years ago.
He works for an insurance company called MetLife and he wrote his own insurance cover and added my daughter to it without my knowledge. Whilst we were separated and I had the decree nisi through, my daughter took ill and was hospitalised for over a month. When my ex found out she was in hospital, he piped up that he had a policy that I might not know about that he could claim hospitalisation benefit for her incapacity. To do this he needed details to put in the claim. I refused him the information as he wanted to keep the sum of money for himself even though he hadn't assisted with Bethany whilst she was ill. The policy is to help for loss of earnings but as he hadn't suffered any loss I didn't want him profiting out of my daughter. Hence why he has gone behind my back and claimed he's the father to gain access to the information he needed to claim on his policy. I feel he has fraudulently obtained the information and received monies through deceit.
Expert:  Clare replied 3 years ago.
Hi
Have you made a formal complaint to the hospital and the insurance company?
Clare
Customer: replied 3 years ago.
I have written a formal complaint to the hospital and am awaiting their response on the matter. The insurance company didn't want to know as they say that as he is the policy holder then they have acted on the information provided for the claim. Should I send a written complaint to say that he shouldn't have had the access to the medical records and a claim shouldn't have been made on the policy? They are keeping it a very grey area!

Lorraine
Expert:  Clare replied 3 years ago.
Hi
The Hospital have breached Data Protection and the Insurance Company have allowed him to profit from this deception
Yes you should write to the Insurance Company and outline his actions and ask what they intend to do about it
In fairness there is relatively little they can do - but you should report it
Please ask if you need further details
Clare
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