Could denial of Rx filling be considered the same as a mis-fill ?

The scenario use to go like this…  the patient goes to a physician’s office … the physician exams the pt and if appropriate … writes one or more prescriptions to treat the pt’s acute or chronic disease issues.  The pt went to the pharmacy of their choice to get the medication(s) that their physician determined would treat/manage/resolve their health issues.

The Pharmacist would check the new medication(s) against pt’s current list of medications for other drug interaction(s) , pt potential for known potentially allergies and the new medications, would also verify that the dose for the new medication(s) is within FDA guidelines..

If anything shows up as a potential problem… the pharmacist would reach out to the prescriber to share his/her concerns and – if necessary – make any changes the prescriber may wish to the prescribed medications so that the pt leaves the pharmacy with the appropriate medications to treat their health issues.

In some instances, the prescriber may state  “dispense as I wrote them”, the pharmacist would make notes on the prescription about their concern(s) and dispense the medication(s) to the pt.

In very rare incidents, the Pharmacist will flat out refuse to fill the prescriptions because the problems are TOO GREAT to do otherwise. In my nearly 50 yrs as a licensed Pharmacists I cannot remember any incidents that I flat out refused to fill a prescription..  unless it was forged, altered or got a ” bad PMP report”  Everything a Pharmacist does is based on FACTS !

With 4 + billion prescriptions filled each year in our country… there are going to be some misfills (mistakes)… so the pt walks away without the medication that the prescriber intended for them to have for their health issues.

Within the last 5-10 yrs, many Pharmacists have been told or adopted the authority to refuse to fill a particular prescription for “ANY REASON”. For many years, they were telling pts that “they were not comfortable”… apparently “uncomfortable” has now become a FACT as a reason not to fill a prescription. Over the last few years, Pharmacists apparently have realized that “uncomfortable” was indeed NOT A FACT …so the common reason for refusal to fill is “OUT OF STOCK”.. that is either a FACT or a LIE !

But like the misfill … the pt leaves the pharmacy without the medication that the pt’s prescriber wanted them to be on to treat their health issues.

A misfill is typically a accident whereas a denial of care is INTENTIONAL…  should there be legal consequences for both ?

US Drug Watchdog Now Urges Consumers Who Were Given the Wrong Prescription or Someone Else’s Prescription at a Local Pharmacy to Call About Possible Financial Rewards – Did You Keep the Pills?—did-you-keep-the-pills-300740090.html

WASHINGTON, Oct. 30, 2018 /PRNewswire/ — The US Drug Watchdog says, “We are appealing to individuals who was given a totally wrong prescription or another person’s prescription medication by a local pharmacy to call us anytime at 866-714-6466. If a person receives the wrong medical prescription, a prescription with an incorrect dosage, or someone else’s prescription—the medical complications could be extremely serious, or the side effects could be lethal.

“If you were given a completely incorrect medication or someone else’s prescription did you keep the medication, or keep the sales receipt that indicates the error? We would like to help you get compensated if you received the wrong medication at a local pharmacy and you were harmed because of it. However, to make compensation possible we will need proof of the mistake.

“Our effort also includes identifying a parent in any state who was given a prescription for someone else rather than their child or their child’s prescription was not the correct medication, or the dosage was not correct.” http://USDrugWatchdog.Com

The US Drug Watchdog’s Pharmacy Errors initiative is nationwide and is focused on identifying consumers in any state who were injured because a local pharmacy gave them the prescription for someone else – or filled a prescription with the wrong medication.  The group is now urging consumer in all states such as California, New York, Illinois, Florida, Texas,  Ohio, New Jersey, Nebraska, Louisiana, Nevada, Minnesota, Georgia, Tennessee, Washington, Alaska, Missouri, Pennsylvania or any other state to carefully look at the prescription they are picking up at a pharmacy to ensure it really is what their physician had prescribed. 

For more information, victims of pharmacy medication errors can call the US Drug Watchdog anytime at 866-714-6466. http://USDrugWatchdog.Com

The US Drug Watchdog is warning possible severe health side effects of a pharmacy medication errors include:

  • Death (example a consumer with a severe heart condition is mistakenly given antibiotics. Some antibiotics can cause arrhythmia with a person with serious heart issues.)
  • Hospitalization (example a pharmacist mistakenly gives a pregnant woman an epilepsy drug, the anticoagulant, or a drug to treat bipolar disorder). These types of drugs have all been linked to severe birth defects.
  • Allergic reactions or a person having a severe reaction that could cause hospitalization.
  • In most instances pharmacy prescription errors are caused by, labeling errors, mix-ups with another patient’s order, dispensing the wrong drug or wrong dosage, incompatible health conditions or adverse interactions with other medications.

The US Drug Watchdog says, “If you possess proof your pharmacy gave you the wrong prescription or someone else’s prescription, please call us anytime at 866-714-6466 – especially if you were injured by the mistake. We want to make certain you get compensated. However, as mentioned we will need proof of the mistake either being you still are in possession of the incorrect prescription, or your sales receipt indicates the error.” http://USDrugWatchdog.Com

Media Contact:

Thomas Martin


SOURCE US Drug Watchdog

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One Response

  1. I’d bet trying to officially/legally equate denial with misfill would be a non-starter. The progression seems to have been “they don’t have to fill anything if it goes against their religious belief” to “they don’t have to fill anything if it goes against any belief” to “they don’t have to fill anything if they don’t feel comfortable” [gag on their ‘comfort level’]. There seems to be way too much support at each step, especially since it started with the “they shouldn’t have to go against their religious beliefs.” And anti-opioid zealotry is a religion in all but name.

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