lawsuit

[sosoo]

has anyone heard about or been involved in a lawsuit and like to share the process? i just heard today that a lawyer who usually don't go to our store filed a lawsuit against me and cvs. basically saying 1+ years ago we or i put the wrong pills in the vial. my question is should i inform my union throughout the ordeal? should i hire my own personal lawyer? this lawyer is jointly representing me and the company, but when conflicts occur he will represent the company n not me. any insights would be helpful. pls refrain from going off topics n random comments.

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[M0df]

I don't see why a union needs to be involved in any way. You would only need a lawyer if your company decides to drop you from the case. And they would drop you if they find out you didn't follow company policies. That only you can answer (was incident process followed for example).

To elaborate. The lawyers of both parties will talk. You will probably be called in for deposition. There is a chance it will go to court or settled.

 

[JanuviaGrl]

Checkout this guys blog. Great information you will find. If I remember correctly, he covered an issue similar this in one of his posts.

http://petercohronrxlaw.com

 

[Old Timer]

has anyone heard about or been involved in a lawsuit and like to share the process? i just heard today that a lawyer who usually don't go to our store filed a lawsuit against me and cvs. basically saying 1+ years ago we or i put the wrong pills in the vial. my question is should i inform my union throughout the ordeal? should i hire my own personal lawyer? this lawyer is jointly representing me and the company, but when conflicts occur he will represent the company n not me. any insights would be helpful. pls refrain from going off topics n random comments.

Are you a student or a pharmacist? You need to share more than this for anyone to render a judgement.

 

[ExpressMaiL]

has anyone heard about or been involved in a lawsuit and like to share the process? i just heard today that a lawyer who usually don't go to our store filed a lawsuit against me and cvs. basically saying 1+ years ago we or i put the wrong pills in the vial. my question is should i inform my union throughout the ordeal? should i hire my own personal lawyer? this lawyer is jointly representing me and the company, but when conflicts occur he will represent the company n not me. any insights would be helpful. pls refrain from going off topics n random comments.

TBH I wouldn't go to a public board (accessible by anyone) for information from random individuals. Consult with someone you know who practices law and then go from there. If you don't know anyone, open up the yellow pages. You have no idea what kind of damages you may have caused or who is even suing you. If someone is suing you, they are confident in their case.

 

[Old Timer]

[QUOTE="ExpressMaiL, post: 16130404, member: 173321 If someone is suing you, they are confident in their case.[/QUOTE]

Really? I don't think so......

 

[BidingMyTime]

Do you have your own personal malpractice insurance? If so, then yes, you need to inform them immediately, then go from there. If not, I wouldn't hire a lawyer just yet-very expensive & most likely unnecessary (chances are extremely high, the case will be settled out of court.) I've never been in a union, so I can't advise there...I guess ask your union rep if this is something they need to be advised about (perhaps you do have some sort of malpractice ins via your union?)

 

[sosoo]

i guess the union is not important. is it too late to obtain a personal malpractice insurance? this case happens 1+ yrs ago. the cvs lawyer doesn't even know if the video recording stores the video that long, otherwise they can use the video recording. since its an ongoing investigation i cannot go into details, but for good or bad i'll definitely update with the result so ppl will know the process, or how cvs handles it in 1-2 yrs from today. ^^

i heard another pharmacist filled the wrong strength of a narcotic, and cvs paid the damage but did not fire her. so hopefully cvs can cover my butts for something more modest. in fact, after the prescription leaves the store, how are we to be held responsible for any mix up of meds? he took it home. he could've add the other pills in himself, he could've add salt & pepper in as well, n pepperoni too, for all i know. am i suppose to be held responsible for what's in the vials after it leaves the store?

 

[sosoo]

Checkout this guys blog. Great information you will find. If I remember correctly, he covered an issue similar this in one of his posts. http://petercohronrxlaw.com

thanks so much for the important info. the contributory negligence may save me here.

 

[Deja]

more than a year ago?! how was the situation handled at the time? was the mistake caught, did that patient complain right away to you guys? or is it just some guy randomly suing you guys 2 years after the fill and claims you guys give him the wrong med without any documentation of what happened? if its the last case, does that person even have a case to stand on?

 

[BidingMyTime]

i guess the union is not important. is it too late to obtain a personal malpractice insurance?

You can get malpractice insurance from here on out, but no, you can't get malpractice coverage for an incident that has already happened.

 

[sosoo]

more than a year ago?! how was the situation handled at the time? was the mistake caught, did that patient complain right away to you guys? or is it just some guy randomly suing you guys 2 years after the fill and claims you guys give him the wrong med without any documentation of what happened? if its the last case, does that person even have a case to stand on?

the script was not inactivated, so there was no reporting of the incident. the lawyer probably can't get the video recording b/c its so long ago. the video storage capacity i don't think go back that far.

 

[Old Timer]

the script was not inactivated, so there was no reporting of the incident. the lawyer probably can't get the video recording b/c its so long ago. the video storage capacity i don't think go back that far.

O.K. I have a few questions:

• When did the incident occur?
• When did you learn of the incident?
• How badly was the plaintiff injured?

If the incident happened last year, there is no videotape. If you are member of a union, by all means notify them. If you had malpractice insurance at the time of the incident, report it to them as well. Based on what you told me, I really wouldn't worry. He still has pills left from a year ago? This story is starting to sound strange......

 

[Deja]

the script was not inactivated, so there was no reporting of the incident. the lawyer probably can't get the video recording b/c its so long ago. the video storage capacity i don't think go back that far.

ughhh so if you guys didn't catch the mistake at the time of happening, and the patient didn't report it to anyone when it happened, how the hell can he prove you filled the wrong med? even if you had video tape, i doubt it can zoom in close enough where you can see the what tablets were inside the bottle (maybe you can but i doubt it)... hell, what if someone took an old bottle of prescription med from a year ago and put some asiprin in there then sued you guys... idk if you are missing details or this is all you know, but i really don't see how he has a case

 

[sosoo]

yea i just heard about it in recent days. the cvs lawyer hasn't told me what injury the plaintiff had. basically the prescription and label are correct. the only thing is after he took it home i don't see how i can be responsible for that. i'll have to wait for my day off to find previous similar lawsuits to get more ideas.

 

[samjose685]

Sometimes, you never know about all the legal matters. So, for that, you should always consult the lawyer to get all right information about the laws.

 

[sosoo]

i haven't received any follow up on the lawsuit for half a year now. i think the case is settled. the court date was suppose to be around february or march. i never heard anything. whatever it is, i can only assume its over.

 

[rcodyfb16]

I know this is an old thread but how can an intern be held accountable for the wrong medication going out the door? Were you verifying?

 

[maria1oh]

Check the inventory to see if the counts are off on the drugs he is claiming were mixed up.

 

[FarmD711]

Check the inventory to see if the counts are off on the drugs he is claiming were mixed up.

Because that inventory is still gonna be accurate a year and a half later...


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[M0df]

i haven't received any follow up on the lawsuit for half a year now. i think the case is settled. the court date was suppose to be around february or march. i never heard anything. whatever it is, i can only assume its over.

Malpractice cases take 2-5 years on average to be over. Court appearances and hearings are spread out months apart. You can look up case progress in many states online. Not sure about Maryland. There is no reason for lawyers to settle this early. So I doubt it is over unless plaintiff gave up or your case was thrown out.