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there should be a law about this/prescriptions/who pays when it's wrong


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Our Dr sent 3 prescriptions electronically yesterday. We spoke specifically about using an inhaler and not a nebulizer. I pick them up, get home and have albuterol solution for a nebulizer. I call the pharmacy who tells me that is what was ordered and I can't return it/get refund.

 

I called Dr to get correct prescription. Waiting on that to happen.

 

But gosh, this is wrong! I can't return it/get a refund. It wasn't my fault.

 

Should the Dr cover the cost of the second prescription? The receptionist didn't seem interested in my cost issue at all.

 

This is just not right! There should be a law about this.....or some refund program available.

 

I even thought about buying a nebulizer but I don't want that. He needs the meds to go with us and the inhaler is what we all prefer. And it's illegal for me to give/sell this medicine to someone else. And a nebulizer isn't cheap.

 

ahhhh, done venting. We are sick and just don't want to go out to pharmacy again!

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I agree with you....there should be a law about that. Afterall it wasn't YOUR fault....I heard about this happening about a year ago and after that I started checking my prescriptions before paying leaving the presciption counter...I don't want to pay for someone else mistake. Sorry this happened to you....it is just wrong. At least it wasn't something you didn't reconginzed and gave it to your son in error and made things even worse. I have heard of that happening too...getting the wrong pills or the wrong dosage and someone dying becasue of the error.

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well I checked the receipt, which said albuterol. Right product but it wasn't until I got home to open up the box and it was solution and not the inhaler :-(

 

I do know of a gal who gave heart pills for her ADHD kid. Interestingly the teacher said her kids was 1000% better at school :tongue_smilie: But it was bad for the kid and her heart....they sued.

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While it is illegal to give the meds to someone else, I have given soon to expire meds to the Drs office for uninsured patients, the school nurse, and even my CPS caseworker.

 

I'm not sure I'd feel too guilty giving an uninsured child the meds provided they have the same dose.

 

I've had neb vs inhaler mess ups all too often. Sorry it happened. :(

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You can't legally return it, BUT they can give you the right prescription for free. Not sure if they will, since it was the doctors fault though. I've had them tell me though that it was the doctors fault and it 100 percent was NOT. They lied to me. I know they lied because I was working for the doctor's office at the time and I was the one that called it in!!!! I KNOW what medicine I called in! I had to look it up to make sure I prounounced it right! But when I went to pick it up they said the doctor's office had called in a totally different drug!

 

Yeah, they gave me the right one for free!

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That is annoying. I always open the prescriptions prior to paying just to be sure. If you are getting pills go to drugs.com to get pictures of the pills to double check. We learned the hard way after nearly giving the wrong pills to our son. I did double check what they were supposed to look like, because mistakes happen, and sure enough he was given adult pills instead of children's pills.

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I would be so angry about that! Both the cost, and the fact that I'd then have to prolong treatment for a sick child. I would make the doctor's office prove that they sent the request for the correct type of meds, and if they did it right, I'd keep complaining up the chain in the pharmacy. If the doc's office was indeed wrong, I'd keep complaining there too; talk to the office manager if they have one. I'm becoming increasingly angry with the amount of things that we allow to waste our money and time, and I think we really need to speak up and be heard.

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Are you sure the pharmacy won't take it back? I have returned meds at the pharma several times (usually b.c I paid with the wrong card, so I am technically buying it back again). But in your case it is the wrong drug and the physician is rescinding his order, so someone other than you should be eating up this cost. If the doctor at the hospital ordered you an MRI when he meant XRay, there is no way you should eat the cost of the MRI. I see these as similar

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You can check the meds at the pharmacy counter before you sign for them. You can then refuse them, not have to pay for them, and make a phone call to get it corrected. The mistake was waiting till you got home to check them. After meds have left the pharmacy, they cannot take them back due to tampering risk.

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:grouphug: This is why I make the pharmacy open the bag before I take product so that I can check that it is right. Unfortunately, this is what I have been told as well.

 

If you dc has asthma, having a nebulizer and albuterol can be a godsend. If you have insurance, it may be covered. A nebulizer has been a life-saver in our home. They also have travel size nebuilizer that can be run via plug, battery, or car adapter plug. The nebulizer saved us many a trip to the ER.

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Your doctor should pay, as your doctor's error caused you to be out of pocket. If you can't return the prescription, technically the correct thing would be for your doctor to pay for that one, and you to pay any copay for the new one. I would politely but firmly demand that your doctor pay for the error, and I think that if he refuses, contacting your insurance company sounds like good advice for a next step.

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I would talk to the doctor's office again, and directly ask them to cover the cost of their mistake. You could also talk to your insurance company. They probably paid more for this mistake than you did, and may be able to get the doctor to pay.

 

I would go past the receptionist to the office manager or the Nurse at the doctor's office -- you should not have to pay for their mistake. I understand that they are up to their eyeballs with work and when they phone in a scrip, things can and do get 'muddled.' That being said, the mdeiumk that you specified should be what you get -- this should be rectified.

 

Hope they do the right thing.

 

ETA: I did not know this but most insurance companies allow ONE do-over (I found this out when I lost a full month of blood pressure meds during the summer -- the pharmacist called and I had the replacement in a matter of minutes. Ask them about this.

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We were given gigantic capsules instead of dissolvable tablets once. I called and they told me the doctor wrote it that way, but they would call and get it changed. That seemed odd to me since we have always used the tablets, but I didn't care since it was being fixed. We took the capsules back to the pharmacy and they gave us the tablets. I didn't know some pharmacies do not take stuff back if there was an error.

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I work in pharmacy and unfortunately, by not checking the item at the counter, you were accepting them item as is.

 

If it was a new prescription (new form of a medication that you have had before is considered a new prescription), and if you were offered a counsel (for the pharmacist to go over it with you) and if you declined it, you released the pharmacy from obligation. They may have just said something like "have you had this before" and that would have been your offer at a counsel, because if you had said 'no', they would have talked to you about the med and the mistake would have came out at that time.

 

FYI>>>>If a pharmacy offeres a councel, always take it or check the meds before you leave. It is a signal that you have not filled that particular medication at that pharmacy before. They may offer a councel on a refilled medication out of habit, but they should ALWAYS offer on a new medication to you.

 

If you were not offered counseling, and it was a new prescription, you may be able to use that to get the pharmacy to pay for the mistake, but there almost no way to prove whether you got counseling or not (unless they are willing to pull security video-and only then if it has sound). Even this may be a moot point, since, like I said, it would be hard for you to prove, and they will not go through this effort willingly.

 

The pharmacy did their job correctly, so they shouldn't have to pay for the mistake. If they did take it back, they would have to throw it away. They would be out the full price of the medication (not just your copay), so they are not going to do that. Even if the product wasn't used, they can't resell the item (federal law) so throwing it away is the only thing they can do.

 

 

Doctors make mistakes and yes, the consumer is the one who pays for it. I have never heard of a doctor reimbursing a patient. To do so would admit liability and if there was a problem in the future related to the drug mix-up, it would be used in court against them. I would guess they would say you would have to sue the doctor in small claims court to get reimbursed (that would cost you more than the copay).

 

The insurance company isn't at fault, they did their job so they won't be paying you back. I assume they covered the second med since it is a different form.

 

I am sorry, I have seen this happen to patients too. It really stinks, and we are all empathetic as we too have to pay for prescriptions and understand the cost.

 

I have donated unused products like this (each set of vials is foil wrapped so it is safe to give to someone else) to a free pharmacy that operates out of a free medical clinic. They were able to use the medication. I also know that doctors who are going on missions trips overseas will sometimes take medications like this.

Edited by Tap, tap, tap
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While it is illegal to give the meds to someone else, I have given soon to expire meds to the Drs office for uninsured patients, the school nurse, and even my CPS caseworker.

 

I'm not sure I'd feel too guilty giving an uninsured child the meds provided they have the same dose.

 

I've had neb vs inhaler mess ups all too often. Sorry it happened. :(

 

It is illegal (DEA rules) for any doctor to redispense prescription medications once the medications have left the doctor's control. I assume this is the same rule for anyone else who has a DEA license. If the DR does give these meds to anyone, they are risking their license. I bet dollars to donuts that they thank you kindly, and then safely discard the meds. :(

 

It is definitely NOT allowable for any DEA holder to dispense expired medications. You, me, and your doctor all know that most meds are good for a long time after expiration, and if you choose to keep using expired meds at home, that is your risk, and your call. However, any license holder who chose to dispense or prescribe (or even store in the hospital or pharmacy) expired meds is at HUGE license risk. In our vet hospital, we return to manufacturer discard (appropriately) expired meds every month as they approach expiration date, and if there are meds that the DR wants to hold on to for some reason, we set them aside in a separate bin in the DR office labeled "Do not use. Awaiting disposal per DVM instructions." Those meds are NOT used for any typical circumstance, as the DVM knows it would jeopardize their licenses and livelihood. The only meds we save that way are ones that are currently on manufacturer backorder and would be life-saving if utilized. They sit there in their bin until new meds are available, and if the DVM would have to make a personal decision to risk their license in order to use them . . . and presumably would only do so in an emergency situation on a patient whose owners the DVM trusted with their life, and the DVM would have to document the decision very carefully in order to hope that any board action would consider the case/ DR decision on a humanitarian basis.

 

When clients want to return/gift medications that have gone out the door at our vet hospital, the receptionists will often take them back, but we have to discard them by law. We try to tell people this, but sometimes they want so much to return them or are distraught about a recently deceased patient, that the kindest thing is to go ahead and take them back.

 

We sometimes refund money for returned prescription meds in unusual circumstance, but that is 100% at our loss. Once they go out the door, they have to be discarded by law. NONprescription items are totally different legally. (Although as a general safety rule, we won't redispense any medicine to clients/patients, even though it is legal to do so.)

 

If some individual wants to give their prescription medications to someone else, then that is between them and legal consequences are likely minor despite it being illegal, but a medical professional can't do it unless they want to jeopardize their license and their entire ability to work in their profession. I am sure pharmacies are bound by the same rules. Any responsible medical professional will not redispense prescription items.

 

If your doctor messed up the prescription, you could ask them to reimburse you for your loss. If your pharmacy messed up, they should definitely be willing to refund your payment.

 

Call your doctor's office and tell them of the error -- because they need to know either way. If you tell them of your financial loss, they might offer to reimburse you if it was their mistake. (As a vet hospital owner, that is what WE would do, along with profuse apologies and reviewing procedures to ensure correction of whoever made the error.)

 

HTH

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I work in pharmacy and unfortunately, by not checking the item at the counter, you were accepting them item as is.

 

If it was a new prescription (new form of a medication that you have had before is considered a new prescription), and if you were offered a counsel (for the pharmacist to go over it with you) and if you declined it, you released the pharmacy from obligation. They may have just said something like "have you had this before" and that would have been your offer at a counsel, because if you had said 'no', they would have talked to you about the med and the mistake would have came out at that time.

 

FYI>>>>If a pharmacy offeres a councel, always take it or check the meds before you leave. It is a signal that you have not filled that particular medication at that pharmacy before. They may offer a councel on a refilled medication out of habit, but they should ALWAYS offer on a new medication to you.

 

If you were not offered counseling, and it was a new prescription, you may be able to use that to get the pharmacy to pay for the mistake, but there almost no way to prove whether you got counseling or not (unless they are willing to pull security video-and only then if it has sound). Even this may be a moot point, since, like I said, it would be hard for you to prove, and they will not go through this effort willingly.

 

The pharmacy did their job correctly, so they shouldn't have to pay for the mistake. If they did take it back, they would have to throw it away. They would be out the full price of the medication (not just your copay), so they are not going to do that. Even if the product wasn't used, they can't resell the item (federal law) so throwing it away is the only thing they can do.

 

 

Doctors make mistakes and yes, the consumer is the one who pays for it. I have never heard of a doctor reimbursing a patient. To do so would admit liability and if there was a problem in the future related to the drug mix-up, it would be used in court against them. I would guess they would say you would have to sue the doctor in small claims court to get reimbursed (that would cost you more than the copay).

 

The insurance company isn't at fault, they did their job so they won't be paying you back. I assume they covered the second med since it is a different form.

 

I am sorry, I have seen this happen to patients too. It really stinks, and we are all empathetic as we too have to pay for prescriptions and understand the cost.

 

I have donated unused products like this (each set of vials is foil wrapped so it is safe to give to someone else) to a free pharmacy that operates out of a free medical clinic. They were able to use the medication. I also know that doctors who are going on missions trips overseas will sometimes take medications like this.

 

she didn't offer counsel now that you mention it. She went to shake up the z-pac and I looked at the printed thing on the bag. the bag was stapled shut. In fact, she stapled it after taking the zpac bottle out, restapled it, and then had to open and staple it shut when done mixing.

 

I only saw the name of the drug and that was right. I did ask 2 questions about the one drug but she didn't ask me about the other one that is wrong. In hindsight you would think she would have offered to sell me a nebulizer to go with it....hmmm, lots to think about.

 

I can afford the mistake but in principle it's not fair I have to pay. Next time I will open everything even if they have to staple it shut a 4th time :tongue_smilie:

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do you have prescription drug coverage at all? by pass the receptionist and go to the head of the clinic and explain. if the dr ordered the wrong thing, it is only fair they reimburse you.

 

eta: and that is one reason why pharmacists are supposed to do counsel. I won't be so fast to brush that off in future. I know I've had to make them get a different script before when the one ordered was about $eek$, and I don't have prescription coverage. (the only regular drug I take is uber cheap.)

Edited by gardenmom5
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she didn't offer counsel now that you mention it. She went to shake up the z-pac and I looked at the printed thing on the bag. the bag was stapled shut. In fact, she stapled it after taking the zpac bottle out, restapled it, and then had to open and staple it shut when done mixing.

 

I only saw the name of the drug and that was right. I did ask 2 questions about the one drug but she didn't ask me about the other one that is wrong. In hindsight you would think she would have offered to sell me a nebulizer to go with it....hmmm, lots to think about.

 

I can afford the mistake but in principle it's not fair I have to pay. Next time I will open everything even if they have to staple it shut a 4th time :tongue_smilie:

When dd#2 was on a nebulizer, the pharmacy didn't try to sell us one because one was acquired as a rental with our insurance through a medical supply store.
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she didn't offer counsel now that you mention it. She went to shake up the z-pac and I looked at the printed thing on the bag. the bag was stapled shut. In fact, she stapled it after taking the zpac bottle out, restapled it, and then had to open and staple it shut when done mixing.

 

I only saw the name of the drug and that was right. I did ask 2 questions about the one drug but she didn't ask me about the other one that is wrong. In hindsight you would think she would have offered to sell me a nebulizer to go with it....hmmm, lots to think about.

 

I can afford the mistake but in principle it's not fair I have to pay. Next time I will open everything even if they have to staple it shut a 4th time :tongue_smilie:

 

We would assume that if the doctor wrote for a neb solution, that you would already have the nebulizer. Most retail pharmacies don't sell nebulizer machines because they go under a different part of the insurance than the pharmacy can bill.

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We get our prescriptions filled at our Target pharmacy. Every. single. time. I pick up a prescription, the pharmacist comes over and opens each bottle and shows me the pills and tells me about them. I am never asked if I need or want this, it is how this pharmacy does it. As he shows me the pills in the bottles, he asks if it is a new script or one we have been on.

 

After reading this, I am glad this is their protocol.

 

I could't afford such an error.

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