I had my pharmacy disclose my prescription information to my supervisor. What is the statue of limitations to file a claim against the pharmacy and my former employer? The violation occured in 9-06.

shygrneyzs

From how you stated this, it sounds like you gave permission. "I had my pharmacy disclose...." If you did not give permission, sign a release of information, then there is a violation of your privacy. How did your supervisor know about your pharmacy and your medication?

From the HIPPA website, you have some time to file, but I think you have past the timelime. I would go with the HIPPA site's facts.
LLP: Final HIPAA Privacy Regulations: Documentation[/url]
HHS Office for Civil Rights - General Information
HHS - Office for Civil Rights - HIPAA

If you do not want to look through all that, call this toll free number: 1-866-627-7748

J_9

Since it appears you HAD your pharmacy disclose the info to your supervisor, that means you gave permission for them to release the info. If that is indeed the case you don't have a case. You gave permission.

As for the statute of limitations it is typically different in every locale. However, it is usually one year from the date of discovery, meaning one year from the date in which you discovered this. It may be different in your area though.

puglover70

I did not give permission. I am sorry I was trying to give a short version. Now with the long. I just accepted a new job and with insurance changes I needed a appt with my doctor for a month later when new insurance kicks in. I then asked my doctor to phone in refills for my sleep medication and anxiety med. Someone told my supervisor that I had called in the RX under my doctors name(that I was posing from her office). He did not get my permission or discuss this with me. He got my pharmacy from the other employee that heard me give to the doctors office. He(supervisor) called my pharmacy and was given 1. name of RX 2. date it was called in and 3. my doctors name. Supervisor then called my doctors office to verify they called in this medication. I did not find out about this until 9-29-06 when I was at an exam with my doctor and she asked me if I got the situation with my supervisor worked out. I filed a complaint to my HIPPA privacy officer at work(since I worked with a medical clinic). They made him attend another HIPPA seminar and closed the case. I no longer work for that clinic and since have changed all RX's to another Pharmacy as well as changed my doctor since I no longer felt comfortable going to her.

J_9

Well, that is a little different than what you had written originally. Now, has this hurt your employment in any way? Will it hurt your future employment? Probably not.

I am not a fan of lawsuits such as this because it takes so long and ties up courts and money. Now, before you disagree with me, understand that I was a medical researcher for an attorney who did file claims against medical professionals.

I believe you made your point already to the company that you worked for. As for the doctor and the pharmacy, you may want to file a complaint with your local medical board regarding their unprofessionalism, but I would leave it at that. It will be VERY expensive if you choose to do anything more, not even to say that you have waited this long to file a claim so you will not look very credible if it were to go to court.

I don't mean to say that you are not credible, but waiting this long would be hurtful to any case.

puglover70

I waited so long for a couple of reasons. 1. I had major surgery 2. then a 2 week ICU stay. 3. along with my anxiety and medical conditions I was in fear of my job if I went any further. 3-07 I was terminated from there due to being in ICU. I am not sure how I will handle this, but I have had my privacy violated by Walgreens and my supervisor and doctor. I have been trying to contact an attorney in my area and no one seems to "specialize" in this field so for over 3 months I have been trying to find someone to tell me what my options were.

shygrneyzs

I would say, that, based on your second post on your situation, you have done as much as you can. I do agree there was a serious violation here - from your supervisor and from your pharmacy. But after nine months, I am not sure what you can accomplish, legally. Call that toll free number I listed above and see what else you can do, legally. Some attorneys might take this and base their fee on the amount of the settlement.

Am glad to hear you changed jobs and pharmacies. Your experience shows just how our rights to privacy can be violated. Good luck to you, if you decide to pursue this.

J_9

You had mojor surgery immediately after finding out? Were you in ICU immediately after finding out?

Now, understand I am asking you the same questions I would ask had you come to the attorney that I worked for to determine if you have a case. I am not judging or manipulating in any way.

The questions I am asking would be asked by opposing counsel should you have a case.

Okay, back to the matter at hand.

In March of 07, when you were terminated, what was the reason given for your termination?

How long had you worked there?

When contacting an attorney you contact one that specializes in Medical Malpractice. Nothing more, nothing less.

puglover70

I found out in End of Sept. contacted my employer waited to do anything in fear of losing my job. In Jan 07 had surgery and 3-05-07 was in ICU. When I returned from ICU I was let go because of being out for sx and ICU. That along with needing to go back to my doctor and not feeling comfortable that is when I started to pursue it in March. So it was about 6 months from finding out. Like I stated I am not sure what I will do and if I don't look credible to anyone else(I mean courts) I at least might make it to where Walgreens does not do it again to anyone else.

J_9

Are you in the US?

How long did you work for that company?