Incorrectly Filled Prescriptions
Our personal injury attorneys in Miami, Florida, have represented individuals who have been the victims of pharmacies that fill prescriptions incorrectly. Such errors can be extremely serious. Yet, in their efforts to increase profits, many large chain pharmacies, such as Walgreen's and CVS, have placed increasing and sometimes unrealistic burdens on pharmacists and pharmacy personnel. In turn, pharmacists have to rely on the efforts of the untrained and unlicensed people whom the pharmacies employ as assistants. Such practices were the basis of a labor dispute between Walgreen's and its unionized pharmacists in Illinois (http://www.ipha.org/home/StrikeStatement.pdf).
In Florida, the pharmacy and the pharmacist have a duty of due care which arises under Florida case law and under the Florida Pharmaceutical Regulatory Statutes and Administrative Code. Although those statutes and codes do not create a private cause of action, they do describe the duties of Florida pharmacists. Under Florida Statute 465.003 (6), the pharmacist has a duty in dispensing medication to interpret and assess the prescription order for potential adverse reactions, interactions, and dosage regimen as he or she deems appropriate in the exercise of his or her professional judgment, and he or she shall certify that the medicinal drug called for by the prescription is ready for transfer. The pharmacist shall also provide counseling on top of drug usage either orally or in writing, if in the exercise of her or his professional judgment counseling is necessary.
Florida Administrative Code 64B16-27.820 entitled Patient Counseling also creates a duty for the pharmacy and the pharmacist to ensure that a verbal and printed offer to counsel is made to the patient or the patient’s agent when present. The counseling may include, among other things, the dosage form, dose and duration of drug therapy.
Finally, under the common law (that is, case law), the pharmacy has a duty to exercise reasonable care in selecting, screening, hiring, training, and supervising the pharmacist and all pharmacy personnel dispensing drugs or assisting in dispensing drugs on its premises. The chain pharmacy has to make sure its pharmacists are licensed, trained, and performing well on the job. They also have to make sure that the pharmacist is not put in a situation in which he or she cannot properly verify all prescriptions in the time allotted in the day. This verification can include calling the physician’s office or quizzing the patient or the patient’s representative about dosage or about what kind of medication was actually prescribed.
We have encountered many breaches of duty on the part of pharmacies, including:
- Failure to train pharmacists fully and reasonably;
- Failure to provide pharmacists with sufficient time in which to review the prescription, speak to the patient, verify information with the physician, re-check the prescription after it has been filled and before the patient receives it, and otherwise do their job reasonably and correctly;
- Failure to provide sufficient manning of the pharmacy to ensure that each pharmacist has sufficient time in which to review the prescription, speak to the patient, verify information with the physician, re-check the prescription after it has been filled and before the patient receives it, and otherwise do his or her job reasonably and correctly;
- Failure to properly and reasonably select and screen pharmacists and pharmacy personnel;
- Failure to establish and maintain an appropriate "continuous quality improvement program” as required by Florida Administrative Code 64B16-27.300;
- Failure to read the prescription note correctly;
- Failure to call the physician or have the physician called to clarify the amount of the dosage of the prescription;
- Failure to confirm with the patient or patient’s representative the amount or dosage of the prescription;
- Failure to counsel the patient or the patient’s agent about the dosage in violation of Florida Administrative Code 64B16-27.820;
- Failure to use due and proper care in filling the prescription;
- Failure to interpret and assess the prescription order for potential adverse reactions, interactions, and dosage regimen.
If you or anyone you know has suffered serious injury or permanent or long lasting side effects as a result of a prescription that was not filled correctly, call our personal injury attorneys in Miami, Florida, TOLL FREE at 866.523.5072 for a FREE CONSULTATION.
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