A pharmacy disclosed my medical record to a woman i was dating. she wanted to know what medication i am taking. can i win in ?

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a pharmacy disclosed my medical record to a woman i was dating. she wanted to know what medication i am taking. can i win in court of law? is there a pro bono lawyer that would accept the case. I have witness and proof of what the pharmacy failure to protect my record? do i have a case against them, both the pharmacy and the woman?

Attorney Answers

4
Robert E. Bellin Jr.Personal Injury LawyerNeenah, WI ·
You should speak with a civil litigation/personal injury lawyer in your state. HIPAA does not include a private cause of action, but case law in other states is developing and may allow for a common law cause of action based upon a violation of the standards set forth in HIPAA. WI has invasion of privacy statutes and civil causes of action. I don't know for certain, but I would guess that FL has similar statutes. Finally, you should report the pharmacy to the FL agency responsible for regulation and licensing of pharmacies.
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Elizabeth Herd ·
How, if at all where you harmed by the disclosure? In a civil action you can only recover for the damages caused. A HIPAA violation can only be sanctioned by the US Secretary of Health. There is no civil remedy, but the pharmacy might be subject to a penalty. You might want to contact the manager and report to see what he does, if anything.
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