Legal Question in Medical Malpractice in Michigan

Medical mistake

Due to a motorcycle accident I have to use Viagra as I have nerve damage to my sexual functions .My Dr's office mistakingly sent my Viagra order to my local pharmacy . I usually use a pharmacy 35 miles away to insure my privacy . My wife was very shocked when one day she was in buying hair color and a girl behind the pharmacy blurted out '' Hey ... tell your husband his Viagra order is ready ...'' This has caused us both embarassment and humiliation in a very small town ..... is the Dr's office in any way liable for this terrible mistake ? Can I take action against them ?


Asked on 7/06/08, 10:01 am

3 Answers from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Medical mistake

This sounds like a classic law school exam question, but I agree with the previous two questions.

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Answered on 7/10/08, 3:44 pm
William Stern William Stern, P.C.

Re: Medical mistake

It seems as if the doctor's office has the right to expect that the pharmacy would comply with HIPAA and other privacy laws. Your remedy is against the pharmacy. William S. Stern

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Answered on 7/06/08, 10:12 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Medical mistake

The pharmacy, as all medical professionals and employees, are supposed to keep personal information confidential, unless you sign a release. What the pharmacy tech did is likely a violation of the HIPAA laws, which are the laws that require confidentiality, privacy, etc. There are monetary penalties that flow from this type of violation, and reporting requirements.

If you would like to pursue legal action (not a lawsuit, but reporting the violation to obtain a monetary fine), please feel free to contact me.

Thank you.

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Answered on 7/06/08, 9:25 pm


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