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Confidentiality of Pharmaceutical Records

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I have currently been involved in a situation where I believe numerous laws may have been broken. One of the questions I have is based on the confidentiality of a patients pharmaceutical records. My entire families pharmaceutical records were supplied to my doctor, not theirs, by a pharmacists who thought it was their job to let my doctor know about all the narcotic pain medication that our family had been prescribed. Based on their pharmaceutical history my prescription was cancelled. My history did not contain any record of narcotic prescriptions. This pharmacist denied suppling my doctor this information and did not document this notification in my patient profile. My Doctor however came clean with this information. However he accused me and my family of being narcotic addicts. Which is absoultly rediculous because I am 7 months pregnant and do not have a history of being prescribed a narcotic. Is this legal for a pharmacist to do this. Also because of this situation it has come to our attention that this pharmacist has been discussing our history in the public arena as well. Word of this came back to our family through the public arena. Is this pharmacist acting within the law?
Also my doctor based on this information tested my routine urine sample(again I am 7mths pregnant)for traces of narcotics without my premission or knowledge. Of course it came back clean as a whistle, but is that legal? Please someone help me out with this. My name has been slandered and my credibility as a patient has been damaged I feel. I am very upset.

Thanks so much lawrat! I have already documented as much as possible and plan to submit formal complaints to the state board of pharmacy, state medical board, and the actual pharmacy this took place at. I just wanted to confirm my belief that this may be a possible law suit and have a lawyer look over my statements before sending out my documentation to all of the agencies. I'll try not to stress the baby out with my worries, but people who damage the characters of others so wrecklessly upsets me extremely. How embarrassing it is to be 7 months pregnant and standing in front of your OB doctor defending yourself from being accused of being a narcotic addict. Once again thanks!

[This message has been edited by bkflowers (edited June 27, 2000).]



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

First, let me congrat you on a new baby! Make sure you don't worry yourself -- your worries can affect the baby!

Now, it seems there has been several civil and possible criminal acts here. There is invasion of privacy- not only of medical records, but the whole medical history. There is also possible slander (oral defamation) if this person (supposed professional) is talking to others.

May I suggest the following avenues to get the process to resolution started? : get as many records, proof (written) as you can collect, include notarized affadavits from witnesses, etc. Grab a personal injury attorney in your state who has experience with this type of fact pattern.

Try attorneypages.com and also your state bar. Whomever you choose, double check with the state bar for records of discipline.

Hope this helps.

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