Can I file a lawsuit against a pharmacy for release of medications to a third party without my consent?

Asked over 1 year ago - Marysville, CA

I told them twice, one time on the phone, and one in person, yet they still gave away my prescription without my knowledge

Attorney answers (3)

  1. Martha Ann Knutson

    Contributor Level 11


    Lawyer agrees

    Answered . I agree with the other counsel - it's hard to determine what the damage is here. You put on a tag labeled "HIPAA Rights", but there is no right of action / right to bring a lawsuit for violations of HIPAA, assuming that there was one here. A suit based on any other theory would require you to prove damages.

    What you can do if you believe that there was a HIPAA violation is file a complaint with the federal Office for Civil Rights , which enforces the law. I am including a link below to more information about how to do that. Generally this must be done within 180 days of the event. If OCR agrees that there was a violation they will investigate and obtain corrective action from the pharmacy so that this doesn't happen to you (or anyone else) again.

    This response is intended to provide general information, but not legal advice. The response may be different if... more
  2. Stephen Scott Pearcy

    Contributor Level 12

    Answered . We would need more info here. Who was the third party? Was it, for instance, a court-appointed conservator?

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in... more
  3. Neil Pedersen

    Contributor Level 20

    Answered . It is possible that release of medications to a person who is not authorized by you or by law to act on your behalf could be a violation of certain medical privacy laws. You would have to establish damages sufficient to make such a lawsuit worth the expense. That might be your biggest issue.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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