Can a pharmacy be held liable for giving your medication to another family member without your permission?
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Can a pharmacy be held liable for giving your medication to another family member without your permission?
My mother went to our local big chain pharmacy to pick up medications for my father. My father’s name is Andrew and my name is Andrea and we have the same last name. My mother only asked for medications for Andrew, as she didn’t even know that I had a prescription waiting for me. The pharmacy worker gave my mother my prescription, as well as my father’s. This poses 2 issues: 1 – my privacy with the pharmacy has been broken, and 2 – what if my mother didn’t catch the name difference and gave my father my medication?My father has had a heart attack and my meds could’ve caused issues.
Asked on July 27, 2011 New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
While the pharmacy has arguably violated your privacy by accidentally disclosing some of your medical data, it is unlikely that you could recover anything for this--generally, to recover in a lawsuit or legal action, you must have suffered some damage or injury for which you can be compensated, and it's not at all clear that your mother knowing a medicine you are one actually injures in any significant way.
Also, the law does not compensate for "might have beens" or "near misses." IF your father actually took the wrong medicine and was injured, then there very likely would be a cause of action. But the mere fact that he *could* have been injured does not provide any basis for compensation if he was fortunate enough to not have taken the medicine, or to have taken it and not suffered ill effects.
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