If a pharmacy tech divulged what medications I was on, was that a breach of patient confidentiality and a HIPPA law violation?

While waiting on my prescription at a pharmacy, the pharmacy tech blurted out multiple times where my specific medications were, specifically saying what they were and what they were for. There were other patients around and they heard what medicines I was taking. Embarrassing me and humiliating me. I believe the pharmacy tech was fired but that does not help me.

Asked on May 23, 2016 under Malpractice Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may not have been a breach of any law, if he was directing the discussion to you (the patient), to a supervisor whom he needed instruction or direction from (or who asked him about the medication he was working on), or to a coworker helping him with his prescription: if the disclosure is to someone he may disclose the medication to, then even if it is overheard inadvertently, that does not necessarily make for a legal violation.
Even if there was a violation, this is, unfortunately, not the sort of breach for which monetary compensation is available.


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