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stillfromny · Jan 4, 2012, 10:44 AM

Can I sue CVS for violating my HIPAA rights? When I went in yesterday to get a rx, the head pharmacist proceeded to yell out what the medication name was that I was picking up and another medication that I had filled previously. I had about 7 customers who were staring at me as she made a spectacle. I was completely mortified and embarrassed! She has no right to tell anyone what medications I am on! Can I sue them for this?

JudyKayTee · Jan 4, 2012, 10:48 AM

You don't sue over HIPAA violations. You report them and the Government takes over from there.

If you were somehow harmed FINANCIALLY by this information being released, overhead by other parties, yes, you have a cause of action.

I would, of course, write a letter to CVS National, copy to that store's manager, copy to the District Manager.

stillfromny · Jan 4, 2012, 11:09 AM

Thank you. I already submitted a report to HIPAA. I am also writing a letter to the corporate office. This is not the first time I have had issues with this particular pharmacist. I try to avoid her and only go to the other pharmacist who is wonderful to deal with but yesterday I had no choice.

Thanks for the response.

tanepuddnin · Jan 4, 2012, 11:31 AM

Wow, you're being awfully nice about this. I wouldn't have been so calm and he would have been the one who was embarrassed. I'd have reamed him a new one in front of everyone in the joint. Sorry this happened to you. This pharmacist needs to be working in a closet, not in a public place!

Fr_Chuck · Jan 4, 2012, 11:44 AM

All pharmacists that I know of, work at a very public counter, and if you discuss anything with them, it will be over heard.
But yes you report them.

stillfromny · Jan 4, 2012, 11:51 AM

Trust me, I am livid about this situation. I just had oral surgery so I was not in any shape to start a verbal fight. I am very upset about this and totally embarrassed. I am calling the privacy office for CVS after work today and my complaint was received with HIPAA. Yea, she is in the wrong profession.

stillfromny · Jan 4, 2012, 11:59 AM

Yes, they work in a public counter, however she yelled this to me from where she was counting out pills. She was not even at the counter, she was far enough away that she had to yell out what medications I am on so everyone can hear her, she did not even have the decency to move towards me.

JudyKayTee · Jan 4, 2012, 01:01 PM

Originally Posted by stillfromny

Yes, they work in a public counter, however she yelled this to me from where she was counting out pills. She was not even at the counter, she was far enough away that she had to yell out what medications I am on so everyone can hear her, she did not even have the decency to move towards me.

I'm shocked but not surprised - I had a similar experience two weeks ago. Picked up prescriptions, they have a "stand behind here" line so you can't hear the other customers, got up to the counter, the Pharmacist waited on me (not the Tech), gave me the prescription, I paid and walked away and she SCREAMED, "Mrs. X, I forgot to verify your date of birth. Is it X?"

I'm not "age sensitive" so I turned around and went back and said, "Yes," and said, "Why were we whispering earlier so the other customers couldn't hear us?" She was embarrassed and apologized... but really - ?

Maybe Pharmacists deal with prescriptions and customers and whatever all day long and so they get careless? Not that that is an excuse but, yes, it's embarrassing for the customer.

To add insult to injury my late husband WAS a Pharmacist.