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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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If my medical provider has assigned my Personal Record

Customer Question

If my medical provider has assigned my Personal Record Number to another party, while they were switching to a new computer system and I received 4 bags of meds with his name on the bags and my address on the mailing label, when I had tried to reorder my medications, and this was in Feb. 2016 and it is now June 2016 and I am still have trouble getting my meds ordered, do I have a case against the pharmacy? I have been taking a medication that has their Rx.# (the other oerson the pharmacy assigned my number to),on it and my name on the label. The doctors name on this label is my husband's doctor, but this might be because my doctor was unavailable at the time of reorder.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies that you are having this type of trouble. As far as a suit against the pharmacy, I am afraid that I would likely have unwelcome news so please do not blame the messenger. Unless you can prove that the pharmacy intentionally or knowingly assigned your number in a manner that they intended to cause you harm, they are generally not liable for the difficulty. That is because you must show that they intended to cause harm, and/or they are so incompetent that it borders on criminality. From your facts (which I would be happy to re-evaluate if you have more information), their actions do appear to rise to such a level. Now, if you find out that such behavior is fairly common in this pharmacy and you are not the only victim, then you may have a basis for personal damages and even possibly for a class action suit with other members who were likewise damaged, but I really see this as a potentially weak claim at least at this time.


Dimitry, Esq.