No matter the subject of the investigation, pharmacists should contact an attorney if they are being investigated. Providing accurate and complete directions is part of a pharmacist's responsibility to the patient. Administering wrong prescriptions is careless and can cause major injury and even death. However, this is not always the case. Performing therapeutic interventions. Misconduct And Your Pharmacy License - , PLLC. Therefore, having an experienced attorney present from the complaint's inception is imperative in making sure that the pharmacist is prepared and equipped for handling the complaint process. Taking the wrong prescription, swallowing the wrong dose, or taking someone else's drugs by mistake can cause serious injuries or death. Verifying or validating a prescription. Providing patient counseling. This page is about pharmaceutical mistakes and how you can hold a pharmacist liable for medication errors. What to expect after filing a complaint: The board of pharmacy will investigate your complaint, evaluate whether the individual pharmacist or pharmacy acted unprofessionally or otherwise violated the state pharmacy code, and possibly pursue disciplinary action.
The above information does not construe legal advice. An authorization remains valid until its expiration date or event, unless effectively revoked in writing by the individual before that date or event. What is considered pharmacist misconduct in the workplace. When pharmacists breach their duty of care either through negligence or willful misconduct, severe and sometimes life-threatening consequences can result. Sometimes substance abusers and opportunists steal prescription pads and use them to fill fraudulent prescriptions. A person filling a prescription has a reasonable expectation that their pharmacist will adequately perform their job. We only investigate serious concerns about pharmacists, pharmacy technicians or pharmacies.
Should you have a complaint or concern about their conduct or the care they provided, please contact the employer of the unregulated provider and/or the police. Refusals at the Pharmacy: What You Can Do if Faced with a Religious Refusal at the Pharmacy. However, if a HIPAA violation occurs as a result of a breach of duty, negligence, or professional malpractice, then such cases can be brought under state laws. Contacting the patient's health care provider if the pharmacist believes the prescription could be doing more harm than good. Typically, filed complaints fall under two categories: pharmacist misconduct and prescription errors.
For example, a pharmacist who fills a prescription incorrectly may cause an overdose resulting in a fatal or life-threatening condition. The investigator will ask you to explain what happened as clearly and in as much detail as you can possibly provide. Respecting professional-patient boundaries. If you are being investigated by the North Carolina Board of Pharmacy, you should call a lawyer immediately. What is considered pharmacist misconduct 2016. State boards of pharmacy regulate both pharmacists and pharmacies and work to protect the health and welfare of consumers. Additionally, pay attention to these four errors and mistakes that could occur. A failure to meet the duty of care resulted in harm to you through illness, pain and suffering, or injury. Any action by a licensed pharmacy or pharmacist that appears improper should be reported to the board.
When one has a duty to another, he or she is required to behave in a certain manner for the benefit of that other person. When the investigation is complete, all the materials gathered by the investigator will be forwarded to ACP's complaints director, who will review the information and determine what should happen next. To be clear, these are reasons for medication errors, not justifications for them. 072(2): (a) Obtaining a license by misrepresentation or fraud or through an error of the department or the board. Placing incorrect directions on a medication label—or failing to provide instructions altogether—can result in complications. In some cases, a patient will notice that the drug is not what they expected, but other times they won't. 7% – 22% medication error rates. On a federal level, the Drug Enforcement Administration oversees pharmacies and enforces rules and regulations that they are required to follow to stay compliant. In addition, factors including pharmacy type and location add to the complexity of fully comprehending pharmacy compliance. Once the malpractice claim has been filed, a copy must be served upon all parties involved—which includes defendant(s), witnesses, etc. Call our medical malpractice law firm toll-free at (888) 424-5757 for a free legal consultation to determine your legal options and recover compensation. What is considered pharmacist misconduct in school. Pharmacists must act swiftly upon receiving any complaint or knowledge of an investigation into their work. Prescriptions errors focus on violations of California Board of Pharmacy standards when issuing prescriptions.
Ensuring that there are no interactions between a patient's current prescriptions and the medication about to be dispensed. Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. Other times, a pharmacist may fill a prescription with the correct drug but provide the wrong dosage. If a pharmacist discloses PHI by mistake, then the affected patient must also show damages as a direct result from the disclosure. Retaining an experienced attorney who understands how to navigate fraud investigations is crucial. Issuing the incorrect drug or wrong dosage of a prescribed drug. Some examples of names that can confuse include: The FDA will change a drug's name in extreme cases of repeated confusion. Can I Sue a Pharmacist for Not Filling My Prescription? | Morgan & Morgan Law Firm. O) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the pharmacist knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the pharmacist also provides services. We are proud to receive many of our current cases from satisfied clients who refer their friends and family to our law office. If you've suffered injuries as a result of a pharmacy error, you may be entitled to financial compensation. S) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 003 or s. 893. Please provide the information on the prescription label relative to your complaint. This is an incidental disclosure of PHI because Truvada is known to be used for the treatment of HIV, and the John Brown who received the prescription could assume that John Brown (DOB 03/03/72) has HIV.
Your complaint may be referred to a Hearing Tribunal for hearing. Unclear instructions can make for a fatal delivery.
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