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Big Mouth Pharmacy

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M

mindyab

Guest
pennsylvania. not sure this is a small claims case. went to the pharmacy to fill a prescription. i think it was the pharmacist assistant that i actually spoke to. after she looked at my name she asked me if i new so and so, who are actually my soon-to-be ex's family, i said no. i was getting filled pre-natal vitamins and didn't want anyone to know i was pregnant yet. come to find out my soon-to0-be ex said he heard that i was. i know the pharmacist assistant must have opened her mouth because no one else knew. doesn't she have some sort of oath, that she can't tell about other people's prescriptions?
 


JETX

Senior Member
Lets see... there is the doctor who made the prescription, the people who work in the doctor's office, the pharmacist, your closest girlfriend(s), anyone in earshot at the doctor's office, anyone in earshot at the pharmacists.....
Any number of people could have known of your 'condition' and told someone.

And all of these people don't have any 'oath of privacy'.

Bottom line... you really don't KNOW who might have told.... and without that, you have no case (or claim) against any one.
 
J

JenniferH

Guest
No this is not a small claims case. SC is for those who loaned money or is owed money by another party. This would be for another court, not sure by which way you would go, there would be several torts in this. But the one thing is that you have to have absolute proof that the PA said something. Not just hearsay. You have to have have heard her say it to someone and to actually divulge your prescription info also. Afterall, she could have said a fleeting remark like, did you know your ex is pregnant, without her saying anything about your prescription.

I believe your case would be a shot in the dark and I don't think any lawyer would take this case because I don't think you can show any *damage* or libelous acts in the problem.

Chalk this one up as a learning experience, deal with it and move on.


This is all my opinion, not legal advice.


Good Luck,
 
J

JenniferH

Guest
Oh and yes, I don't think she should have said anything. You could go to her and confront her or talk to the head pharm.
 
R

Rosie65

Guest
I also don't think you have a legal case, unless perhaps your soon-to-be-ex will swear in court that he got the information directly from the pharmacist's assistant, and even then you would have to prove that you were somehow damaged by it.

However, you still have rights as a consumer. Complain! Complain to her supervisor, her supervisor's boss, and even the president of the company! Question them: what is their company policy on protecting customer's private information? Do they even have one? How do they enforce it? What kind of training do they give their employees? You get the idea. It is actually in their best interests for you to bring this to their attention. Because if it turns out you or someone else actually COULD prove your case, THEY as her employers would be held responsible for her actions.

You never know--she might already have complaints against her from other customers for the very same thing.

But you must protect yourself from being sued for liable or slander. Since you can't actually prove she did it, you can't actually say she did it. However, you can say that in your opinion you suspect her (and only her), and then list the reasons for your suspicions: that your physician was the only other person who knew, that she asked unprofessional and impertinent questions about who you know/are related to, and then the fact of the timing--that right after that the same people she asked about suddenly knew the information.

Most likely, your complaint would not be enough for them to take disciplinary action against her, but hopefully they would at least have a serious discussion with her. Warning her that in the future she needs to behave in a professional manner (not ask unrelated nosy questions) and maintain customer confidentiality (not go blabbing about things she knows/guesses from who fills what prescription)!
 
N

No lo gonna go

Guest
More like a case for Jerry Springer than a South Carolina ...er....small claims court.
 

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