Does a Pharmacist Have a Duty of Confidentiality Towards His Client ?
The facts in v. Phar-Mor, Inc. (790 F Supp 1115 [SD Ala 1992]) involved the mislabeling and misfiling of a prescription by a pharmacy.
The Federal Southern District Court in Alabama found that although the "relationship between pharmacist and client is a sufficient special circumstance to impose" a duty to disclose, a duty of confidentiality did not exist. (Id., at 1117.)
In Evans v. Rite Aid Corp. (324 SC 269, 478 SE2d 846 ), an employee of a pharmacy disclosed to others that a customer's medication was for treatment of a venereal disease, when in truth it was not.
There, the court relied upon Griffin without analyzing whether or not a pharmacist has a fiduciary duty, instead finding that the plaintiff had a claim for defamation, or professional negligence.
Thus, neither court fully addressed the issue of a pharmacist's duty of confidentiality.