Potential malpractice issue

[doublehh03]

So today my staff RPH notified me of a complaint by a customer. Patient picked up Xanax (spasms) and Ambien (sleep). Circumstance surrounding the patient: 2 of his dogs unfortunately died recently so he's been very stressed and tired and his wife is extremely depressed. So the next day, he took 2 Xanax and an Ambien during the day and slept until at night. He then got into a fight with his wife when he woke up (due to stress of his dogs passing away) and thus went out of the house to get some fresh air. He drove and thus got a DUI (due to the medications apparently impairing his judgement). No physical injury or anything.

His DUI lawyer advised him to seek into suing the MD and pharmacist/pharmacy for malpractice b/c they didn't counsel him about the medications.

I checked the cameras and patient picked up them meds via drive-through and a technician rung him up. I was the pharmacist on duty, but from the camera, I was never part of the transaction. Hard to know if the tech asked patient about consultation and he declined or not. But that technician is always vigilant about asking the patient about speaking to the pharmacist.

So just wanting to know your opinion on whether this has any merits.

---

Members don't see this ad.

 

[BMBiology]

Did you put the auxillary label on the bottle that says "do not drive..can cause drowsiness"?

I think his lawyer wants to make more money by telling his client to sue you. This guy obviously knows Xanax and Ambien can cause drowsiness. He did sleep after taking them. Have you informed your DM?

 

[doublehh03]

The scripts were verified by my other staff RPH. I was the pharmacist on duty when he picked up the medications.

I just heard of the story today by my weekend RPH so don't even know how to proceed or if the patient will even proceed.

 

[confettiflyer]

You should proceed by not making any comments regarding this case to anyone except to your chain of command with your corporation and/or your retained attorney (should you have one).

Basically, shut up and let the lawyers figure this out.

 

[BidingMyTime]

I assume either he or his wife talked to you, and that is how you know they are considering a lawsuit? Assuming you work for a chain, talk to your supervisor and go from there. Other than that, there is nothing for you to do until/unless the patient decides to proceed forward. If the patient is telling he he's considering a lawsuit, he is probably fishing for a handout (which if you work for a chain, they will probably give him a bone or something.) It does not sound like he has a very strong case, and I would be surprised if it went any futher than him calling your corporate complaining.

 

[Wheresmyaricept]

Look, I'm close with my dogs and all, but if one of them died, I wouldn't need Xanax 2 mg. Does he have a history of these meds? Because he should know what goes on then.

Basically this story is horse poo and the patient is just an idiot who knew full well what those medications did and looking for someone to blame for his actions. This potential case has no merit to it.

 

[moose10]

Shouldn't there be some documentation signed by him saying that he was offered counseling? The place I worked at had that signature required before anything was actually picked up to comply with OBRA-90. That proof combined with auxiliary labels on the bottles should absolve the pharmacy...

 

[Cauris]

Sounds like a case of I fcked up so I'm gonna screw as many ppl as I can. pathetic.