Legal Question in Legal Ethics in Florida

I PICKED UP MY MEDICATIONS AT A LOCAL PHARMACY RECENTLY AND WAS CONFRONTED BY THE PHARMACIST AS TO WHETHER I REALIZED TAKING THESE MEDS COULD RESULT IN OVERDOSE. I APPRECIATE THE CONCERN BUT I WAS UPSET THAT THIS OCCURRRED AT AN OPEN DESK, WITH ANOTHER PERSON RIGHT NEXT TO ME AND A LINE OF PEOPLE BEHIND ME! I SEE A PHYSIATRIST (Physiatrist: A physician who specializes in physical medicine and rehabilitation. Physiatrists specialize in restoring optimal function to people with injuries to the muscles, bones, tissues, or nervous system) I have had multiple surgeries the latest 9/13 was bilateral knee replacement. I see only one doctor who prescribes my meds. If she is questioning his scripts she should have contacted my doctor not attempt to discuss this with me in front all to hear. I was embarrassed and made to feel very uncomfortable. I let her know this and she then apologized which I'm sure brought more attention to this ordeal. Is it legal for her to discuss what drugs I take as she did. I'd appreciate an answer as I would like to approach Publix and let them know what occurred. Thank you. Elaine Schmidt [email protected] 727-465-4432


Asked on 1/21/14, 1:19 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You don't have a claim for the upset. Her failure to honor HIPAA requirements does not give you an independent cause of action. You can certainly advise Publix that the matter was poorly handled.

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Answered on 1/21/14, 5:15 pm


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