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Pharmacy error

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JMadison

Junior Member
NEW JERSEY - Pharmacy gave me a completely wrong prescription which I've been taking for three months. Side effects related: Dizziness, high blood pressure, general uneasiness, acne, nervousness, and insomnia. Thought it to be stress related, but now it makes sense. Pharmacy acknowledged their mistake and acted very cautiously. Major name pharmacy. What should/could I do from preventing this mishap to occur again or to another?
 


ecmst12

Senior Member
How exactly did you manage to be taking the wrong medicine for three months without noticing??? Didn't you read the label? Didn't you make sure you knew what you were being prescribed?
 

JMadison

Junior Member
Birth controll pills. Same EXACT package package that I've been taking for years from the same pharmacy. Why would I think anything differently?
 

ecmst12

Senior Member
Yeah you knew what you were supposed to be getting, you have at least as much liability as the pharmacy here (if it was even the pharmacy's error as opposed to the doctor's.
 

barry1817

Senior Member
medical

saying that a patient should know what they are getting, makes the assumption that the patient has the medical knowledge of a doctor.

When one gets a prescriptions the pharmacist normally has a signoff sheet. It would be interesting to see if the pharmacist discussed this drug with the patient, if the patient signed off on it, or if the patient signed off that they didn't want to discuss the drug.

If the patient signs off on the drug, and the name is correct, a normal patient would not really be expected to know the shape and color of pills as they can change, or be different.
 

Proserpina

Senior Member
This one pharmacy mistakenly filled a prescription with incorrect medication for three months straight?

Or was it a 90 day refill, which occurred only once?
 

justalayman

Senior Member
barry1817;2525101]saying that a patient should know what they are getting, makes the assumption that the patient has the medical knowledge of a doctor.
No it doesn't. It says that a patient needs to pay attention to their medications and when something is different, they need to investigate it. Not wait a couple months and blame it on somebody else.

When one gets a prescriptions the pharmacist normally has a signoff sheet. It would be interesting to see if the pharmacist discussed this drug with the patient, if the patient signed off on it, or if the patient signed off that they didn't want to discuss the drug
.a sign off sheet? what are you talking about? I get meds all the time and rarely speak to the pharmacist unless it is the guy I have known for 30 years and I holler hi to him and there is no sign off sheet. I've never seen such a sheet in all the years I have purchased my own meds (a long time and a lot of meds)

If the patient signs off on the drug, and the name is correct, a normal patient would not really be expected to know the shape and color of pills as they can change, or be different.
what are you talking about?


the patient had been on a particular med for years. There is no need to speak with the Pharmacist necessarily. OP claims "the package" was the same. That, to me, implies it is a prepackaged medication. Customer claims it was "the same package" as it had been for years. Packaging is generally TM'd so if it was the EXACT package (OP's emphasis), if they got a different med, more than likely, it wasn't the same package. As well, prepacked meds have the name of the med on the package. OP should take a peek once in awhile to be sure they got what they were supposed to.

Then, unless this different med in the exact package also looked identical to the correct med, OP should have noticed a difference there to.

Bottom line: the chances of the OP getting a different med in the EXACT package as her correct med and it looking identical to the correct med are very slim if not impossible.


If the patient signs off on the drug, and the name is correct, a normal patient would not really be expected to know the shape and color of pills as they can change, or be different.
BS. the truth is: if they change or are different, the patient should notice this. That is one reason they make them look different from one another.

A great thing about the courts in most states; they apply a reasonable man standard to things like this. If a reasonable person would notice the difference, OP should have noticed the difference. If OP failed, it is OP's fault.

people are people. mistakes get made. a person is held responsible to pay attention to what happens in their life.
 
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cybertoe

Junior Member
Why would JMadison suspect anything was wrong? The pills may have looked similar. Most of the birth control pills I know of are little, round, beige pills (except the 7 day placebos) in a blister pack. The only way to tell the difference is by looking at the mark on the pills, if there is one. Most common folk don't realize the meaning of those little numbers and letters. I suppose that could be construed as ignorance, but can everyone here rattle off the codes on all of the pills in their medicine cabinet?

The prescription name difference may have been because of a switch of name brand pills vs generic pills. I got a generic version of a med once because I forgot to remind the doctor to fill in the DAW. When this happens, the pharmacy usually says nothing. I recognized the generic name, tho, so it wasn't a big deal.

I don't know how things are run in NJ, but here in NY the pharmacy is obligated to inform the consumer if there is a change to a prescription medication, and ask if there are any questions. The consumer is then required to sign a form stating that they received this service. A quick check of the pharmacy's records should determine if this was done. If it wasn't, the pharmacy could be liable. There are also ways to find out if the Rx number was "accidently" assigned a different drug. This is the most likely way the same wrong medication was dispensed 3 months in a row. Providing, of course, that it was refilled monthly and not quarterly or semi-annually.
 

Proserpina

Senior Member
Why would JMadison suspect anything was wrong? The pills may have looked similar. Most of the birth control pills I know of are little, round, beige pills (except the 7 day placebos) in a blister pack. The only way to tell the difference is by looking at the mark on the pills, if there is one. Most common folk don't realize the meaning of those little numbers and letters. I suppose that could be construed as ignorance, but can everyone here rattle off the codes on all of the pills in their medicine cabinet?

As a consumer, I make it my business to know what heck I'm ingesting. And fwiw, MY birth control pills (when I was taking them) were neither the shape or color YOU describe.

The prescription name difference may have been because of a switch of name brand pills vs generic pills. I got a generic version of a med once because I forgot to remind the doctor to fill in the DAW. When this happens, the pharmacy usually says nothing. I recognized the generic name, tho, so it wasn't a big deal.

I don't know how things are run in NJ, but here in NY the pharmacy is obligated to inform the consumer if there is a change to a prescription medication, and ask if there are any questions.

Can you point to that actual law? That covers a change in the color or shape of the pills? I'll happily add it to my favorites!


The consumer is then required to sign a form stating that they received this service. A quick check of the pharmacy's records should determine if this was done. If it wasn't, the pharmacy could be liable.

This is flat out inaccurate.


There are also ways to find out if the Rx number was "accidently" assigned a different drug. This is the most likely way the same wrong medication was dispensed 3 months in a row. Providing, of course, that it was refilled monthly and not quarterly or semi-annually.

Wow.
 

justalayman

Senior Member
. I suppose that could be construed as ignorance, but can everyone here rattle off the codes on all of the pills in their medicine cabinet?
No but maybe it's just me but I have a pretty good idea what my pills look like and I definitely know the name of the med so I look at it to see if that is what I got.

The prescription name difference may have been because of a switch of name brand pills vs generic pills.
and you don't think that would be a clue to check the meds to be sure you got the correct med?

I got a generic version of a med once because I forgot to remind the doctor to fill in the DAW.
and the fact you know this means you realized there was something different about the med you were given and apparently checked it out.

I recognized the generic name, tho, so it wasn't a big deal.
but the point is: you noticed a difference and investigated it until you questions were answered.

I don't know how things are run in NJ, but here in NY the pharmacy is obligated to inform the consumer if there is a change to a prescription medication, and ask if there are any questions.
well, I don't know what is required in NY either but I know in Indiana and Michigan, none of that is required.

The consumer is then required to sign a form stating that they received this service
. not here

and you know what? what happens in IN, MI, and NJ doesn't affect what happens in NY.


Thanks for providing support for my position. You got a med that looked different, you noticed it, you investigated it.

That is what the OP is expected to do as well.
 

cybertoe

Junior Member
Why thank you to the few that ripped my post to pieces! I was just offering suggestions based on my experiences. I made no claim that if is done here then that's how it is done everywhere. I like to keep an open mind and explore all possibilities before coming to a conclusion. How lucky the rest of us are to have smart, self-righteous people like yourselves to critique our opinions based on your opinions & experiences! Line by line, no less. Sheesh.
 

justalayman

Senior Member
How lucky the rest of us are to have smart, self-righteous people like yourselves to critique our opinions based on your opinions & experiences!
yes, I feel I have been blessed.

and about the line by line:


that's just how we roll!
 
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Proserpina

Senior Member
Why thank you to the few that ripped my post to pieces! I was just offering suggestions based on my experiences. I made no claim that if is done here then that's how it is done everywhere. I like to keep an open mind and explore all possibilities before coming to a conclusion. How lucky the rest of us are to have smart, self-righteous people like yourselves to critique our opinions based on your opinions & experiences! Line by line, no less. Sheesh.


You realize this forum is about the LAW, right? Not the sharing of the warm fuzzy personal experiences?

Edit: NM. Read post history :D
 
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