Frivolous lawsuits against pharmacies re: opioid "crisis"

[Sine Cura]

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https://thefederalist.com/2018/09/18/guide-opioid-lawsuits-aiming-replicate-big-tobacco-settlement/

People used to cry and throw a bitch fit about not getting their Fentanyl + MS Contin + methadone combos from their ******ed family practice doc or Xannys + Soma + oxycodone 30 from the local candyman.

Now people (other people probably, not the sellers or dope fiends) are crying about pharmacies' role in contributing to the opioid "crisis."

I will say that in only 3 years the % of controlled sales has gone down dramatically, at least at WM, (from ~15% to 7% or less even in areas where opioids flow like water like the Methstate). It seems only the typical low-income clinics or Kaiser or the VA are the last bastions of poor opioid prescribing in my area if we're talking about specific health systems as opposed to private practitioners.

Multiple counties in Northern California have sued all the chains. Wonder how they are going to prove negligence.

 

[BidingMyTime]

People sue for anything and everything, and pharmacies are stuck in the middle. The pharmacist can't diagnosis the patient or have anyway to know the patient's medical necessity for opiods. We can get the diagnosis code and make sure the dr is running a "pill mill". We aren't trained to diagnosis addiction, especially addiction vs physical dependence. Biggest thing the pharmacist can do is monitor for early refills (and there are some pharmacists who do not), and it's an issue when some insurances let very early refills go through.

 

[AlwaysContrary]

People sue for anything and everything, and pharmacies are stuck in the middle. The pharmacist can't diagnosis the patient or have anyway to know the patient's medical necessity for opiods. We can get the diagnosis code and make sure the dr is running a "pill mill". We aren't trained to diagnosis addiction, especially addiction vs physical dependence. Biggest thing the pharmacist can do is monitor for early refills (and there are some pharmacists who do not), and it's an issue when some insurances let very early refills go through.

This is why I truly believe pharmacists need to have access to patients records when filling. We would sooooo much better at our job if we had all the information

 

[VA Hopeful Dr]

People sue for anything and everything, and pharmacies are stuck in the middle. The pharmacist can't diagnosis the patient or have anyway to know the patient's medical necessity for opiods. We can get the diagnosis code and make sure the dr is running a "pill mill". We aren't trained to diagnosis addiction, especially addiction vs physical dependence. Biggest thing the pharmacist can do is monitor for early refills (and there are some pharmacists who do not), and it's an issue when some insurances let very early refills go through.

This is how I, as a doctor, see what I think would be the best approach.

Use your state's monitoring database to make sure the patient isn't doctor shopping.

Keep your eyes open for if a certain doctor prescribes way more than his/her peers (especially if its known addict combos like norco/xanax/soma).

No early refills, I'd say almost a hard and fast rule but there can always be exceptions as needed.

 

[Sabril]

People sue for anything and everything, and pharmacies are stuck in the middle. The pharmacist can't diagnosis the patient or have anyway to know the patient's medical necessity for opiods. We can get the diagnosis code and make sure the dr is running a "pill mill". We aren't trained to diagnosis addiction, especially addiction vs physical dependence. Biggest thing the pharmacist can do is monitor for early refills (and there are some pharmacists who do not), and it's an issue when some insurances let very early refills go through.

the other thing is, from all the civil cases that I have read about, opiod-related death is a really sticky charge. Public sentiment almost always sides with the victim and you are automatically the bad guy. Like one case I read about, even though there was a lot of negligence on the pharmacist's part, her lawyer still felt that there was a 90% chance that the judge would rule in her favor. The guy who died kinda brought it on himself anyways but he was some kind of hometown sports hero. And the doc was really the colluding party here.

But they decided to settle it out of court for a huge sum of money because they felt that the trial would just drag on and on. So in these cases you are guilty until proven innocent I guess.

 

[CetiAlphaFive]

This is how I, as a doctor, see what I think would be the best approach.
Use your state's monitoring database to make sure the patient isn't doctor shopping.
Keep your eyes open for if a certain doctor prescribes way more than his/her peers (especially if its known addict combos like norco/xanax/soma).
No early refills, I'd say almost a hard and fast rule but there can always be exceptions as needed.

I diagnose people as being FoS all the time.

 

[sozetone]

Just be sure you are dispensing "legitimate" prescriptions and in good faith. Obviously do not intentionally involve yourself with knowingly dispensing false rx's or other schemes. If you do that any Low rent lawyer could get you right out of any issues. Forget this whole Corresponding responsibility thing. Its a recently made up term for the corporations to pressure you. Better call Saul!