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If a pharmacist breaches my patient confidentiality. How much is the most I can expect (financially) from their negligence?

Seattle, WA |

Recently a pharmacist told my mom that I was on birth control. I understand she disclosed it because it would conflict with the antibiotics I was going on. However, I still feel they breached section 12.2 in the Pharmacy Operations and Drug Scheduling Act.

My VERY Catholic mother is no longer speaking to me and is considering kicking me out.

The Pharmacy Manager offered little to no help as did the head office Pharmacy Manager they simply offered "to put a note in my file" so that they don't give out personal information in the future, which makes me suspect that I am not the first person to have experienced this. Could this turn into a class action suit?

I am 21, my mom was only picking up my perscription and I had already been informed by the doctor when being perscribed the medication. Also, as I understand their script is SUPPOSED to be "IF your daughter is on any oral contraceptives, please let her know that this medication may conflict." This unfortunately, is not what happened.

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Attorney answers 2

Best Answer
Posted

Since you are 21, the pharmacist violated HIPAA when disclosure was made to your mother. You might review this website for more information: http://www.hhs.gov/ocr/privacy/
T
here is no simple way to answer your question about the most you could expect financially. But, I would encourage you to file a complaint with the pharmacy as well as the WA board of pharmacy at http://www.doh.wa.gov/Pharmacy/

Consultation with a local attorney on this would be your next step as there are time deadlines to filing such lawsuits. The amount of compensation available will depend on the laws in WA regarding personal injury damages and how such cases have been resolved historically by settlement or jury verdict.

Good luck to you and your family.

Posted

While I do not practice in your state, if you are under the age of 18, your parent has the right to all of your medical information. You can expect to obtain $0. It was also not negligence for them to disclose the information, but vital to your health. If you attempt to file suit, I would expect you would likely be required to pay the pharmacy for its attorneys fees.

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