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-   -   HIPAA pharmacy label (https://www.askmehelpdesk.com/showthread.php?t=151823)

  • Nov 13, 2007, 08:31 PM
    Boomgirl72
    HIPAA pharmacy label
    I picked up my perscription yesterday and my information was correct on the box, however, the tube inside the box had someone else's 411. I took it back to the pharmacy and asked (very nicely) for my money and Rx back. I was dismissed and told it WAS the right Rx but it just had someone else's name on it. The woman was abusive, rude, and at times confrontational. I told her (nicely) that I felt uncomfortable and that I had some else's 411 and I wanted to speak with a supervisor. She said "I'm it." She wouldn't refund my money or my Rx. I walked out embarrassed and confused. I called my insurance broker. She called the pharmacist and had to end the call because the pharmacist was yelling and screaming at her saying that THEY didn't give me the wrong Rx. It was the correct RX just with the wrong name on the bottle. Now I am wondering, who has MY 411 on their bottle? Do I have grounds to sue and win??
  • Nov 13, 2007, 08:38 PM
    J_9
    Sue for what? They don't have the diagnosis on the bottle, just your name. Anyone can sue for anything, but winning is a totally different matter.

    You will have to prove permanent damage. What does this other person know about you? What does this other person know about your medical condition apart from their own?

    I was a med/mal researcher years ago, and from what you have told me so far, you really don't have a chance of winning. I need to know your medical condition. Was this a common antibiotic that can be prescribed for anything? Or was this something that was prescribed for a certain specific illness such as an antipsychotic?
  • Nov 13, 2007, 09:35 PM
    KISS
    Well, I've had the wrong doctor's name (my internist) put on the bottle for something he's not comfy perscribing (eye drops prescribed by an opthamologist), Did they change it. Nope.
  • Nov 13, 2007, 09:55 PM
    Boomgirl72
    No not an antibiotic, but hormone therapy. I don't know if my script went out to anyone else. I figure that if I have Jane Doe's, someone else must have mine. It's a small town and it just seems creepy that I have some ladies hormone info and someone likely has mine. I also understand that people make mistakes but the pharmacist flipped her noodle at me because it had someone else's name on it. Seems like she may need those hormones more than I do. LOL... I did call CVS customer service today to complain. I also called the ladies doctor to report that I had her 411 as well.
  • Nov 15, 2007, 11:59 AM
    JudyKayTee
    Quote:

    Originally Posted by Boomgirl72
    I picked up my perscription yesterday and my information was correct on the box, however, the tube inside the box had someone else's 411. I took it back to the pharmacy and asked (very nicely) for my money and Rx back. I was dismissed and told it WAS the right Rx but it just had someone elses name on it. The woman was abusive, rude, and at times confrontational. I told her (nicely) that I felt uncomfortable and that I had some else's 411 and I wanted to speak with a supervisor. She said "I'm it." She wouldn't refund my money or my Rx. I walked out embarassed and confused. I called my insurance broker. She called the pharmacist and had to end the call because the pharmacist was yelling and screaming at her saying that THEY didn't give me the wrong Rx. It was the correct RX just with the wrong name on the bottle. Now I am wondering, who has MY 411 on their bottle? Do I have grounds to sue and win???


    I am confused about how your insurance broker got into this problem - ?

    I don't think you have a lawsuit because you weren't damaged, at least not from what I can read here.

    You certainly can complain to the Regional Pharmacy Director, assuming this was a "big box" store.
  • Nov 15, 2007, 12:25 PM
    ScottGem
    You keep referring to 411, but what exactly was on the label? Was it just someone else's name or did it have address and phone info. Was the prescription correct as to dosage, instructions and prescribing doctor?

    I would defintiely report the pharmacist to regional HQ. But I don't see how you were damaged if the Rx was correct. If anything, the other woman might have a case, not you.

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