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To: f150driver

What did they disclose? And to who?


22 posted on 03/08/2006 2:40:07 PM PST by digger48
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To: digger48
One clerk discloses private info (even if it was speculation) that the woman has a psychiatric condition on the patient's prescription receipt. Now other clerks who work other shifts see it and they "know" too. Information they had no right to know or speculate on is now in the open.

It's even worse if she really does have a psych condition. If she didn't, Walgreens could argue it was just rude and tasteless but not a disclosure.

I'm no lawyer, but I have gotten HIPAA info and lectures at work. We can get in trouble just for discussing a patient in an open area.
47 posted on 03/08/2006 2:56:25 PM PST by f150driver
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To: digger48
What did they disclose? And to who?

It appears that they inadvertently disclosed it to her, which is neither a violation of HIPAA nor slander. They also apparently discussed it among themselves, but that really isn't a public disclosure. Moreover, they arguably have qualified privilege to share otherwise slanderous comments among themselves so long as they are not motivated by malice. They are free to express personal opinions regardless of what she thinks.

But she published the statements to the world. Damages, if any, from slander are likely nominal at best.

They were rude in the opinions they expressed about her among themselves, but I don't see that they necessarily did anything actionable. Even negligent infliction of emotional distress would be a loser unless they could tie it parasitically to another tort.

128 posted on 03/08/2006 7:11:51 PM PST by JCEccles
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