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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35406
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Received a prescription from surgeon after having prosthetic

Customer Question

Received a prescription from surgeon after having prosthetic shoulder surgery six week checkup because lots of pain was evident. On one prescription it was partially computer and also my Dr.filled out in his handwriting the name of narcotic to be prescribed the quantity which he wrote 60(sixty) to dispense and signed it. Quite a distance from the handwritten order towards the left handside the computer printed dispense (40) which iI was later told by drs office was a computer error.the pharmacist wasn't sure to give the correct written amount or this oddly placed computer typed dispense 40. Instead of asking receptionist to look at file to tell him correct amount, which was sixty, to then give me correct amount 60 he left the quantity amount discrepancy on the nurse voice mail. He wanted me to wait there until they called back when they heard the voicemail with the right quantity so then he would fill the correct amount for sixty if their answer was 60.I felt I could b there hours before they got to the voicemail and needed my medicine because I was in too much pain and go home and rest. He chose to dispense 40 which was the computer error, without even hearing back from the drs office to fill the correct amount yet. I took the 40 and pharmacist said when the office called and told him the correct amount is 60, he would put the other twenty in another bottle for me to come back and have the other twenty to make the full prescribed amount available. Is this 40 quantity filled and given to me which was computer error a legal prescription.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry, I'm not sure I understand your question.
Legal in what regards?
Customer: replied 1 year ago.
Filled the prescription for only 40 instead of written amount 60(sixty) before he received the returned callback after the nurses listened to the voicemail which took two hours for the nurses to retrieve their voicemails to call and tell him correct dispense was 60 and the computer error dispense 40 was incorrect amount due to a computer error. He gave me a bottle with prescription dispensed wrong amount and was told two hours after asking on a voicemail there answer was 60. Never received the other twenty pills after I was offered the40 quantity. Is it considered at all being illegal for this to be filled based on the computer error which he ripped me off the confirmed correct written amount was indeed 60.
Expert:  LawTalk replied 1 year ago.
Good evening,
New professional here. I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I have handled numerous cases of pharmaceutical malpractice over the years and I am certain that I can assist you in answering your questions.
In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. I am trying to understand your question. Are you asking whether a pharmacy may legally issue a lesser amount of a prescription when they cannot determine whether one higher number is ***** when another number may be written on the prescription----be it in error or not?
Doug
Customer: replied 1 year ago.
Yes. He obviously picked the computer error because it was the lowest amount. Should the prescription with such an obvious error, been acceptable as a legitimate prescription in the first place. When I called the pharmacy at 6:45p.m. (I brought script in to be filled at2:30p.m.left by 3:00p.m.with 40 only because the pharmacist himself told me if the office called back confirming it was60quantity he would put the remaining 20 pills in a bottle so I could collect the legitamate amount that's the only reason I accepted the40quantity because I was in pretty bad pain and it was plenty until the following day and I knew the correct amount was60 and was sure I was going to receive the full amount the next day. It took two hours for the office to call with the answer it was 60 not 40 the pharmacy never called when they received the correct amount60 and told the40 amount was a computer error. Anyway, I called later that evening about6:45p.m. the pharmacist, a different person at that time told me the office never returned the pharmacy call at all yet, which was ablatant lie, iI knew something was fishy. Following a.m. called the Dr. Office myself at 7:00 a.m. and was told the nurse had called them back in two hours c
Customer: replied 1 year ago.
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Expert:  LawTalk replied 1 year ago.
Hi,
Because the prescription was clearly from the physician, as recognized by the pharmacist or pharmacist tech, and because there was simply an ambiguity as to the number of pills to be dispensed, there was no reason to believe the script to be forged or otherwise illegal.
The Pharmacist had the legal right to refuse to fill the script at all before checking with the physician but as an accommodation to you they filled it with the lesser indicated number of pills written on the script.
The reason the receptionist could not help the pharmacy by pulling the file is that only doctors and nurses may verify prescriptions over the phone and in some cases, not even nurses.
I empathize with your frustration and the fact that you feel that the pharmacist did not handle your situation properly, however, they did not violate any law and did accommodate you with a partial prescription until they could properly verify the actual amount intended to be dispensed.
If you were lied to by the staff at the pharmacy, that was wrong and you may certainly file a formal complaint about that kind of behavior, but that does not rise to the level of something that would be illegal or result in you having a ground to sue the pharmacy. I'm sorry.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug

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