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Arizona Court Says Man Can Sue For ED Privacy Breach

Arizona Court Says Man Can Sue For ED Privacy Breach

Z Urology always scours the net to find interesting stories that center around urological happenings. Here is one out of Arizona that caught our eye. Warehouse store chain Costco can be (and will be) sued for privacy violations by a Phoenix-area man who alleged that a pharmacist joked with his ex-wife about an erectile dysfunction (ED) prescription he had twice canceled, the Arizona Supreme Court ruled Monday.

The ruling allows the man’s lawsuit to proceed but sets a high bar for him to win. In order to win the case, he must show by “clear and convincing” evidence that the store and its pharmacist did not act in good faith when the woman was told about the prescription.

But it is an important decision because for the first time the state Supreme Court ruled that lawsuits can be brought here under state law for violations of the federal health care privacy law commonly known as HIPAA.

What Did Costco Say in Their Defense

Costco argued that the federal law does not allow private citizens to sue, but the court rejected that, saying the law’s standards can be used to show privacy violations in state court.

The company also argued that state law provides broad immunity from lawsuits for providers that act in good faith, but the high court said the man has the right to have that claim tried in court.

The ruling upholds a 2019 state Court of Appeals ruling that revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so. The trial court had dismissed the case, citing the state immunity law and because HIPPA does not allow private lawsuits.

The rulings say the Phoenix-area man in his 50s received a sample for an erectile dysfunction drug from his doctor in January 2016 and later got a call from Costco saying a full prescription he had not sought was ready for pickup. The man canceled the prescription and then canceled it a second time about a month later when he called to check on an unrelated prescription and was told it was still there.

The man then authorized Costco to allow his ex-wife to pick up his regular prescription refill, and that’s when the pharmacist told her about the ED pills and they joked about them.

The man’s attorney said that Costco apologized after the man complained, sending him a letter saying that telling his ex-wife this information violated both HIPPA and the company’s own privacy policies. He said the pharmacist clearly had a responsibility to protect his client’s privacy under both federal law and the company’s policies.

The case now returns to a lower court for further proceedings. Carden said in 2019 he suspects the pharmacist never canceled the prescription because they may get bonuses for selling high-profit drugs like Viagra. He said that there is no other logical reason for the prescription not being canceled and he’ll try to show that at trial.

If you feel you are in need of a urologist in South Florida to aid in helping deal with erectile dysfunction like this gentleman had, then contact Z Urology for a group that is dedicated to delivering world-class expertise in urology, along with an unwavering commitment to their patients. The three locations to choose from are located in Fort Lauderdale, Coral Springs, and Pompano Beach.

You can go to the website directly and set up an appointment or you can call 954-714-8200. Either way, you contact, you will be setting up to see the leading urologist office in all of South Florida. With an extremely talented and professional staff of doctors and more, you are in truly good hands with the doctors and nurses at Z Urology. Z Urology is your leader in urological care. Go ahead and call now!

Left Behind Metallic Object During Bladder Surgery Prompts Lawsuit

Left Behind Metallic Object During Bladder Surgery Prompts Lawsuit

bladder-surgeryIn 2001, a urologist performed a bladder suspension surgery to address incontinence. During the surgery, the urologist placed titanium anchors into the patient’s pelvic bone using an anchor driver, which is a metallic device. In 2015, part of the anchor driver was found inside the plaintiff’s body near her pelvic bone and was removed. In 2016, the plaintiff filed a medical malpractice complaint against the health care facility and multiple physicians, including the urologist who performed the 2001 procedure.

In her complaint, the patient alleged that she went to the facility in January 2001 with a symptomatic cystocele and some stress incontinence. She was seen by a urologist, who performed surgery on her in the form of an endoscopic bladder suspension.


What Happened in Her Procedure

During the procedure, the urologist used anchors to support the suspension. The patient asserted that after the bladder suspension surgery, she experienced unusual pain in her pelvic area. She alleged that she notified the urologist of her continuing pain and was told there was nothing wrong. Specifically, she alleged that she returned to the urology office twice in 2004, once in 2009, and once in 2012, complaining of continued pain that she associated with the surgical procedure in 2001.

It was asserted that diagnostic imaging was performed at all four visits and each time she was informed that the imaging showed nothing that could account for her painful symptoms. However, according to the patient, x-rays from 2009 and 2012 clearly showed a foreign body in her pelvis.

It was further alleged that she underwent a second surgical procedure with the same urologist in 2012 in the form of a bladder instillation and transvaginal obturator tape procedure. When consulting with the urologist about the second surgery, the plaintiff complained that she felt as if something were poking into her in her pelvic region. The plaintiff asserted that the urologist dismissed her concerns.


What Else Happened

In 2014, she went to an emergency room with pain. During the visit to the ER the patient underwent a computed tomography scan of her abdomen and pelvis. A radiologist read the scan and noted a 2.2-cm metallic object.

She alleged that when she returned to the health care facility in 2015 reporting pain, she was diagnosed with pubic cellulitis overlaying retained public symphysis hardware. She stated she was informed that she might have an anchor in her pubic bone that needed to be removed and was transferred to a tertiary hospital. Another x-ray report noted the anchor device from her surgery may represent a piece of broken hardware.

The woman subsequently underwent surgery at the hospital to remove the object, which she asserted proved to be the instrument part that was used to place anchors for the bladder surgery and was abandoned by the defendant urologist and left within her.


What Did the Courts Think

Given that there was a span of fourteen years between the original surgical procedure and the 2015 procedure when the metallic object was removed, the patient purported that the continuing course of treatment doctrine applied and cited the several times in between 2001 and 2015 that she returned to the defendant reporting pelvic pain.

What was discovered at trial, however, was that in 2004, the plaintiff moved out of state, never returning to the health care facility or the original urologist until 2009 and 2012. When the plaintiff did return in 2009 and 2012, she returned for complaints unrelated to her previous pelvic pain. Therefore, the court held that the plaintiff’s course of treatment ended in 2004, and therefore the doctrine did not apply.

Not all states have applied the continuing course of treatment doctrine, and where it has been applied, there are many nuances and variations. Providers interested in knowing the rule in their own jurisdiction should consult with the appropriate legal authority in their facility or organization.

It is unfortunate that there is this back and forth between the patient and the urologist. We pride ourselves on never having that issue with patients after surgeries. Having a quality urologist can help in any of the issues that may arise. If you need a quality urologist pick up the phone and call Z Urology, with offices in South Florida. Call today!

We provide state-of-the-art urologic care in the South Florida area with a focus on both male and female urology. Our practice specializes in all urologic procedures, specifically, minimally invasive methods. Our three locations to choose from are located in Fort Lauderdale, Coral Springs and Pompano Beach.

We at “Z” specialize in bladder issues, erectile dysfunction (ED), prostate issues, urinary incontinence, sexual dysfunction, stone disease, BPH, male infertility, pyeloplasty, Peyronie’s disease, and ureteral reimplantation.