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legal question about pharmacist liability

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pwnttothemax

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consider the following hypothetical:

a patient tests positive for cocaine (or any other C1 drug), but the doctor knowingly writes an Rx for a controlled substance anyway (say: morphine or another C2). the pharmacist dispenses the medication to the patient, also knowing about the drug test, but also questioning it and contacting the doctor in the matter as well. is the pharmacist liable for any legal trouble in this matter?

in my opinion it's the doctor's fault if anyones. my opinion means nothing in a court of law though :D
 

brittnic2008

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consider the following hypothetical:

a patient tests positive for cocaine (or any other C1 drug), but the doctor knowingly writes an Rx for a controlled substance anyway (say: morphine or another C2). the pharmacist dispenses the medication to the patient, also knowing about the drug test, but also questioning it and contacting the doctor in the matter as well. is the pharmacist liable for any legal trouble in this matter?

in my opinion it's the doctor's fault if anyones. my opinion means nothing in a court of law though :D

I think this is more of an ethical question rather than a legal question, both from the doctor's and the pharmacist's perspective.

If you have reason to suspect that pt is going to sell the drug on the street, you shouldn't fill it. If you think the pt may be an addict, try to get a social worker involved. There are many things that this case can be handled.

But yes, ethical discussion, not a legal discussion.
 

hopeful05

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The pharmacist in this situation legally has "CORRESPONDING RESPONSIBILITY" and should refuse to fill the prescription.

Corresponding Responsibility means a pharmacist should not fill a presciption which is illegal or harmful to a patient (based upon their professional judgement).

Hope it helps!
 
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