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Article: New York Ruling Creates New Cause of Action Based on Pharmacy's Fiduciary Duty to Protect Patient Privacy.(Trio Drugs)
- Article from:
- Mondaq Business Briefing
- Article date:
- April 13, 2004
- Author:
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The most significant aspect of the ruling is the court's creation of a new fiduciary duty for pharmacies and pharmacists to protect patient privacy, even in the absence of a specific law creating such a duty or a written agreement between the parties.
On December 10, 2003, the Supreme Court of the State of New York-New York County expanded privacy law duties and protections by creating a new fiduciary duty for pharmacies to protect the confidentiality of their customers' prescription records and medical histories. In Anonymous v. CVS Corp. (604804/99), the trial court held that a pharmacy violated that duty when it sold its customers' prescription information ...