Especially if it was yelled out in front ogf the general public (other customers) And if so how can you sue them?
2006-11-07 07:55:58 · 22 answers · asked by stunston 2 in Politics & Government ➔ Law & Ethics
get over it. This is why health care is so damn expensive, they all have to pay insurance against frivolous and stupid law suits. grow up and stop looking for an easy buck.
2006-11-07 08:00:10 · answer #1 · answered by grapelady911 5 · 4⤊ 2⤋
Can they be sued? Sure.... you can sue anybody for any reason. Can you win? That's for the judge to decide.
If you are suing, you are accusing the defendent, they either committed a crime or somehow you were damaged. What crime would this be, and what damage did you receive?
You can argue that your medical record is private and that the pharmacist neglected his duty to keep this information confidential. For this, you *might* win. But for lack of any tangible damage, you may be awarded a dollar. (this happens when someone violates the rule, so the judge has to rule in yoru favor, but only technically so and the damage is absent... punitive damage)
One thing is for sure.... due to any documented loss, you cannot take this kind of case to a small claims court. That means, you will need a lawyer to take the case to the court, which means it will cost you quite a bit of money, as most respectable lawyer will not take a case like this on contingency. They will want cash for their services.
Is it feasible to even consider this? Probably not.
2006-11-07 16:10:44 · answer #2 · answered by tkquestion 7 · 2⤊ 0⤋
You would have to prove harm, which in this case would be very hard, time consuming and expensive. This is the reason medical costs are so high...junk lawsuits. And I can tell you having worked in the legal field, not even the sleeziest ambulance chasing lawyer will take this one.
The best thing for you to do, would be to talk to the offending person, and the head pharmasist and remind them of the privacy laws that by law are to be posted in the pharmacy, and their duty to abide by them.
You seriously need to re-think the whole lawsuit idea, people make mistakes, and the best way to correct them is not in court but by reminding them of the things they should be doing.
2006-11-07 16:02:41 · answer #3 · answered by East of Eden 4 · 2⤊ 1⤋
No. What the pharmacy tech did was against protocol, but the pharmacy should not be sued. If you are sensitive about the pharmacist/pharm techs stating the name of your drugs out loud, just ask the pharmacist to put a note in your record stating you don't want the drug name stated out loud.
2006-11-07 16:02:25 · answer #4 · answered by Lea 7 · 3⤊ 1⤋
I was a pharmacy technician and we were always told to speak softly to customers about their medication because it was a confidentiality thing. I don't know if you can sue them, but I would talk to the pharmacist or manager of the pharmacy you were at. I know this was something the pharmacists took very seriously at my pharmacy.
2006-11-07 16:02:41 · answer #5 · answered by jennifer 2 · 2⤊ 1⤋
Sues? Wow, what is this country coming to. So, you were perhaps inconvenienced publicly..... I would contact the individual's supervisor and make a complaint, and perhaps the employee would be better trained on how to serve the public. You need to take the anti-depressants they gave you, and next time the assistant stands and yells "who is the sicko who needs the anti-genital wart cream" not be so obvious as you elbow your way past the rest of the customers.
2006-11-07 16:01:27 · answer #6 · answered by jh 6 · 0⤊ 3⤋
no, you cant really sue them.This happens all the time in pharmacies, especially if they are communicating with each other ( the employees ) in a busy pharmacy..
If you are offended, switch to a small pharmacy and go get your scripts filled tuesday - thursday between 10 and 2 when they are least busy..
2006-11-07 15:59:19 · answer #7 · answered by The Chesire Cat 6 · 3⤊ 2⤋
OMG. GET OVER IT.
You can sue anyone, but it is likely that you will get laughed out of court. The point of suing is to address ACTUAL HARM. You were not harmed in any way from this slip-up, were you? And if you're that embarrassed about your herpes medication, perhaps you should have been more careful in the first place.
2006-11-07 15:58:48 · answer #8 · answered by Goose&Tonic 6 · 2⤊ 3⤋
Obviously something happened, but you aren't providing specifics. The answer is possibly, but HIGHLY unlikely.
2006-11-10 12:24:43 · answer #9 · answered by jloertscher 5 · 0⤊ 0⤋
Everybody is suing everybody else these days. Businesses spend about half their own money protecting themselves from possible lawsuits. Just buy your medicine from another pharmacy, Einstein!
2006-11-07 16:00:58 · answer #10 · answered by robertspraguejr 4 · 2⤊ 3⤋