hypothetical pharmacy scandal

[elynch]

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So let's just say that in a pharmacy a few perscriptions are prepared for one patient (customer A) and another patient's (customer B) perscription accidently gets sold to them. Customer A notices the name of customer B and gossips about what customer B is taking. Customer B finds out and is not happy. The pharm tech who sold the perscriptions did not fill it, did not check it, and did not bag it. He merely sold the rx and did not notice that a seperate name was in the bag. The pharmacist on duty during this time calls sed pharmacy tech and yells at him, swears at him, and tells him that customer B is going to sue the pharm tech. Who is at fault here? Minumum wage, ill trained pharm tech? Or the pharmacist in charge?

 

[firefighter9015]

The pharmacist would be liable if they found it to be an error that was not incidental. They are ultimately in charge of what happened.

 

[Old Timer]

No matter what happens, the responsibility is with the Pharmacist in Charge. That's why they call it IN CHARGE. The only thing that is not clear is how Customer A got Customer B's prescription. If they were placed in the bag it is 100000 percent the PIC's fault. If the tech gave the wrong bag to the wrong person, it's because the PIC did not train them well enough...

 

[confettiflyer]

I believe HIPAA requires intent, right? But I can't speak for civil litigation, which the OP is implying.

 

[jawnly211]

is this really a "hypothetical" question?

kind of sounds like a "true" story to me

regardless..........it is the pharmacists fault for the above reasons

but, you can be damn sure the tech will get fired

everyone loses

*yaaaaaaaaaaaaaaaaaaaaaaaaaaay" 👍

 

[VCU2011]

everyone loses

Except Customer B

 

[SGPharmD]

but, you can be damn sure the tech will get fired

I think you are being a tad bit dramatic. This has happened countless times before. It has happened in my pharmacy. As soon as you realize the mistake you apologize to the customer and say you didn't realize you gave them someone else's RX.

 

[jawnly211]

re-read the scenario

the customer is pissed and is about to take action

it does happen all the time.........and usually a quick sorry and correction is suffice

but read this "hypothetical" question..........the customer is not taking this lightly

 

[jawnly211]

Except Customer B

customer B loses because customer A is spreading rumors to all the ladies that customer B takes Valtrex

😱

 

[CaliCPhT]

I believe HIPAA requires intent, right? But I can't speak for civil litigation, which the OP is implying.

I don't think HIPAA requires intent. Even if we send a fax containing PHI to an incorrect fax number (personal fax, other business) than the party it was intended to be sent to, it has to be reported as a violation. even if we were given the wrong fax number in the first place we still have to report!

Fraud requires intent, and this isn't fraud. 🙂

 

[pharmacogenomic]

Easy - if you're in hospital pharmacy or ambulatory/retail pharmacy - write up an incident report.

The legal department will deal with it - you'll find out in 12 months or so who is sued, if any. You may not ever find out at all - at least that has been my experience. Corporations are at a higher risk financially than the tech or pharmacist, but that doesn't mean the employees won't suffer some responsibility.

If you're a business owner of the pharmacy - call your malpractice/business lawyer. That person will tell you who is going to be sued, if any. Again - it will be months before it ever occurs, if at all after all mediation.

Plaintiffs will try to sue everyone. That doesn't mean they'll be successful. But - you'll stress over the mistake anyway.

The PIC and supervising pharmacist on duty at the time is always responsible for everything which goes on within the pharmacy. That doesn't mean he/she/they will get sued - just means he/she/they carry responsibility.

 

[confettiflyer]

I don't think HIPAA requires intent. Even if we send a fax containing PHI to an incorrect fax number (personal fax, other business) than the party it was intended to be sent to, it has to be reported as a violation. even if we were given the wrong fax number in the first place we still have to report!

Fraud requires intent, and this isn't fraud. 🙂

oh we do the wrong fax number thing all the time.. at least twice a week we'll get a return fax saying "not our patient" or "wrong fax number."

 

[elynch]

for anyone interested, here is the outcome of this "hypothetical" scenario (obviously it really happened) the pharmacist blames everything on the pharm tech, telling people that the pharm tech gave out the wrong rx and not that it was in the wrong bag, tells cumstomer A this, tells customer B this, and tells all the higher ups this, then he turns around and tells the tech he faught tooth and nail for him to keep his job and not only does the pharmacist look innocent in front of the customers, bosses, etc... he also comes out looking like a hero to the pharm tech...even more inspiration why I will not be going retail after pharm school

 

[Old Timer]

for anyone interested, here is the outcome of this "hypothetical" scenario (obviously it really happened) the pharmacist blames everything on the pharm tech, telling people that the pharm tech gave out the wrong rx and not that it was in the wrong bag, tells cumstomer A this, tells customer B this, and tells all the higher ups this, then he turns around and tells the tech he faught tooth and nail for him to keep his job and not only does the pharmacist look innocent in front of the customers, bosses, etc... he also comes out looking like a hero to the pharm tech...even more inspiration why I will not be going retail after pharm school

And you think this reflects badly on retail? Wow. Is the only area of the practice of pharmacy where there are a** covering, blame shifting liars?

This reflects badly on the character of the pharmacist in question who failed as a member of the pharmacy team, the company he represents and the human race.

If you don't want to work retail, that's fine. If this is the reason, well it's silly. There are low life back stabbing, blame shifting weasels in all areas of pharmacy and for that matter anywhere humans congregate.

 

[bananaface]

Just another reason to document the hell out of anything that might bite you in the ass.

 

[genesis09]

Every pharmacist has made a dispensing error. At Walgreens, they have the quality assurance database, and pretty much you can find every single pharmacist with a record.

 

[no-see-um]

That would be the biggest [hypothetical] scandal to rock the block!

Just kidding. Just be honest, act in the best interest of the patient, and be apologetic, and you can't go wrong.