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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Privately owned pharmacy in small town disclosed personal

Customer Question

Privately owned pharmacy in small town disclosed personal information including medication / prescription information as well as disability information to witnesses. There has been a complaint filed and there are proof of these accusations.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
Can we speak over the phone
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hello
Expert:  Dwayne B. replied 1 year ago.

Unfortunately, like many/most of the experts in the legal category for a variety of reasons I do not do telephone calls. We can continue in this method or I can opt out and open this back up to other experts, whichever you prefer.

Customer: replied 1 year ago.
Will I hv to pay again?
Expert:  Dwayne B. replied 1 year ago.

No.

Customer: replied 1 year ago.
Then yes please put me thru to a lawyer that deals w hippa violations and will speak w me
Expert:  Dwayne B. replied 1 year ago.

I will opt out and open it back up. There may be an expert online who does telephone calls but, if not, there could be a wait until one comes online. Best wishes to you.

Customer: replied 1 year ago.
Ok do you deal w hippa
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** allow me a moment to catch up on what has already been done.

Expert:  MIAMILAW1127 replied 1 year ago.

Please help me understand where you have a question so that I may answer it for you.

Customer: replied 1 year ago.
A violation of privacy act at a privately owned Drug Store on Olds Drug Store in regards ***** ***** employee she has continued to tell my private info on Disability and medications that I take this is been brought to the attention of management and owners of the store. I have witness home have told me my own private information without my knowledge or myself telling my personal situation at this time is a work in progress plus I'm not exactly comfortable with these results of my medical condition due to embarrassment of my age and circumstances I feel completely violated
Customer: replied 1 year ago.
I have also retrieved information in writing of others who have dealt with the same or similar situation with this particular person. I have dealt with this person for many years and she has crossed a huge line with myself with an embarrassment to myself I want this to stop this cannot continue to happen I would hate to see this continue to another human being.
Customer: replied 1 year ago.
Due to this being a small town, I went to the owners of the business flash pharmacy and made a complaint. I have several people that are willing to come forth that she has spread my business to along with others that have provided in writing that have experienced the same troubles with this pharmacy and that individual
Customer: replied 1 year ago.
This is not only a personal vendetta, this has went on for many years without any punishment being done to that employee similar situations the others have also been reported and have occurred over years. Now people are coming forward to me in writing, expressing that they have experience the same troubles seeing that this employee seems to not obtain any disciplinary action, I am forced to take legal action. Again, since this is a small town I have face and I am currently facing humiliation, personal attack, as well as feeling defeated by a business that is supposed to be one that holds high standards and HIPAA laws and Privacy Act
Customer: replied 1 year ago.
Saying that I've been to the owner of the company and no action has been taken, I have reached out to you for help and/or advice on how or what I should do to say that this does not continue, to clear my name - my humility, and that this doesn't continue happening to other citizens of this small town. I would also like my name to be cleared and to know that I do have proof and witnesses that have come to me with this employee speaking of my medications and or Disability along with a list of other people that have written statements of the same or similar experiences they have endeared.
Expert:  MIAMILAW1127 replied 1 year ago.

Ok. So, what you would need to do is file a HIPPA violation complaint. I can guide you along that process as well as provide you information on how to get started.

Customer: replied 1 year ago.
Do you find this to be a legitimate case to file legal
Customer: replied 1 year ago.
Also, after going to the owner of the pharmacy - informed him that if she wasn't fired or reprimanded from her job then legal action would be taken. Having all this proofs, do you think I have a lawsuit? If so whom should I contact and what steps should I follow in taking
Customer: replied 1 year ago.
Action
Customer: replied 1 year ago.
Are u here?
Expert:  MIAMILAW1127 replied 1 year ago.

Yes I am.

Expert:  MIAMILAW1127 replied 1 year ago.

I believe that this would fall under the category of HIPAA violation is due to willful neglect and is not corrected.

Customer: replied 1 year ago.
Ok is this all u do??
Expert:  MIAMILAW1127 replied 1 year ago.

No. I have a general practice.

Customer: replied 1 year ago.
No advice or suggestions of how I handle the matter
Expert:  MIAMILAW1127 replied 1 year ago.

Yes. Ask away and I will answer.

Customer: replied 1 year ago.
Okay I guess my question is where do I go from here do you feel that I have a case, do you have any recommendations besides a link, on how to obtain a lawyer - are there contingency lawyers out there who represent HIPAA violation or privacy laws?
Customer: replied 1 year ago.
You being a lawyer, my question to you is - do I have a legitimate case and if so, how would you personally go about handling this... I don't have the money to hire a lawyer, therefore I'm needing advice, legal advice on how to be represented- which is why I have collected necessary information from outsiders that have experienced the same problems with this business.
Expert:  MIAMILAW1127 replied 1 year ago.

I believe that you do have a case for a classic HIPPA violation.

The place to get your complaint started is here: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf

Depending on where you are, you can contact the State Bar of your state (I can provide you the contact information) and they can refer an attorney to you.

Customer: replied 1 year ago.
Ok please provide me with that information, I am from Tennessee. How do I contact the state Bar and when I do so, will they provide me with a contingency lawyer
Expert:  MIAMILAW1127 replied 1 year ago.

I will provide you the information in a minute.

Expert:  MIAMILAW1127 replied 1 year ago.

This is the website for the Tennessee Bar Association: http://www.tba.org/

When you call them, you can tell them that you need a referral for an attorney that handles HIPPA violations. They will give you a few to choose from.

The attorneys themselves have the discretion whether to take the case on a contingency or not. That is between them and you. Don't be afraid to ask them if they would be willing to do so.

Have I been able to answer all of your questions? If so, please rate my responses at your earliest convenience.

Customer: replied 1 year ago.
can you send this entire conversation to me in my email so that I can use it later I don't want to lose
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Hello???
Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, I cannot email the conversation to you, but you can copy and paste the conversation into a word processor on your computer.

Expert:  MIAMILAW1127 replied 1 year ago.

Please do not forget to rate my responses.