What is the name of your state (only U.S. law)? CA
My doctor prescribed me a completely wrong medication by error. My pharmacy insurance requires that I receive all recurring prescriptions via mail-order pharmacy, so I do not know what I am getting until I open the package in the mail. I just trust that it is the correct prescription based on conversations with the doctor and his staff. I do not sign any prescription forms. The doctor's office simply fills out a prescription form and faxes it directly to my pharmacy insurance and I never see it. The outside of the box that the medication is shipped in also has no label or marking indicating what the contents are.
The medication I was supposed to receive - a generic drug that my insurance covers fully, minus a low copay - is not what I received. Instead, I received 3 months' worth of a brand name drug I do not need and have no intention of using. The bill from my pharmacy insurance is hundreds of dollars. My doctor's office staff says that I have to pay for it because it is my insurance billing me and they will come after me, even though it is clearly the doctor's office's error. I think that the doctor's office should pay for it because they prescribed me a completely wrong drug and are trying to hide from their mistake. They expect me to pay hundreds of dollars for a drug they erroneously prescribed that just happened to end up in my mailbox that I will never use.
What makes matters worse is that the same doctor's office faxed over a new prescription for me after I had several discussions with them when I made it clear which medication I needed and that I would only take a generic drug due to my insurance. I just received the second, "corrected" medication and it is the wrong drug AGAIN - though this time a different one. It is another brand name drug that has no generic form. I opened it to see it was again not what I needed and I was being billed another $75.
I think this is ridiculous. This cannot be legal, is it?? Do I have any legal recourse against my doctor or his office staff if they refuse to pay for my prescription bills when they have been grossly incompetent at prescribing the wrong medications? Please help. Thank you very much.
- JA, 28What is the name of your state (only U.S. law)?