We lost the misprescribed bottle; what other evidence is there?
September 9, 2014 11:19 PM Subscribe
The pharmacy gave my mother double the prescribed dosage of Baclofen, which possibly caused or contributed to a condition resulting in a trip to the emergency room. My dad, unfortunately and perhaps not in a clear frame of mind, went to the pharmacy to give them a dressing-down, and returned the bottle. IF (and it's a big if) litigation is in our future, what other evidence or documentation should we be collecting now?
My father has not considered litigation just yet. If my mother fully recovers with no permanent or long-term damage, he's willing to forget about the whole ordeal. Indeed, after 16 hours she appears more coherent, but still tired and uncomfortable.
However, in order to prepare for a worst-case scenario, what documentation or evidence should we begin collecting now? As stated above, we don't have the bottle with misprescribed pills, though it is possible we have some pills left at home. My father does have lawyers that he can call, but he doesn't want to until he feels he has to. I'm of the mind to start gathering whatever paperwork could be of use now, rather than later.
YANML, of course.
My father has not considered litigation just yet. If my mother fully recovers with no permanent or long-term damage, he's willing to forget about the whole ordeal. Indeed, after 16 hours she appears more coherent, but still tired and uncomfortable.
However, in order to prepare for a worst-case scenario, what documentation or evidence should we begin collecting now? As stated above, we don't have the bottle with misprescribed pills, though it is possible we have some pills left at home. My father does have lawyers that he can call, but he doesn't want to until he feels he has to. I'm of the mind to start gathering whatever paperwork could be of use now, rather than later.
YANML, of course.
I just asked for, and got, a printout of my prescription history for the last N months (years? Don't remember the exact length of time) from my pharmacy.
posted by amtho at 4:13 AM on September 10, 2014 [4 favorites]
posted by amtho at 4:13 AM on September 10, 2014 [4 favorites]
You presumably gave them a prescription for the right dosage. If they transcribed that incorrectly, then your receipt, and your prescription history at your insurance carrier, ought to reflect that. If it actually showed the wrong dosage on the bottle, this is probably what happened. If they just filled the bottle with pills of the wrong dosage, it's going to be very hard to prove unless you still have some of the pills. If you do, by all means save them.
posted by ubiquity at 6:35 AM on September 10, 2014 [1 favorite]
posted by ubiquity at 6:35 AM on September 10, 2014 [1 favorite]
Does your pharmacy have an online system for requesting refills? Mine does, and the medication list shows everything I've been prescribed in the last several months, whether it's refill-eligible or not.
If you have access to such a system, it will likely show the date that the prescription was filled and the dosage information that they would have printed on the label. I'd take a screenshot for my own records, but the more important thing is that you will have confirmed that the information is in their computer systems.
posted by Blue Jello Elf at 6:40 AM on September 10, 2014 [1 favorite]
If you have access to such a system, it will likely show the date that the prescription was filled and the dosage information that they would have printed on the label. I'd take a screenshot for my own records, but the more important thing is that you will have confirmed that the information is in their computer systems.
posted by Blue Jello Elf at 6:40 AM on September 10, 2014 [1 favorite]
If you still have the papers (that sheet of tiny tiny print with drug facts) that came with the prescription (in the trash, etc) get that in addition to the screen shot of the online refill system.
Like ubiquity brings up, it's unclear from what's written here if your mother was given a completely incorrect dosage and the script was filled wrong, or if they had the right script and just filled the bottle with the wrong pills.
If it's the latter you're going to want that printout of the drug facts. On there they'll have a pill description. It'll say something like "orange, oblong-shaped capsule printed with xyz on one side." Compare that to the pills you actually received and compare that to descriptions of the correct dosages of the pills online.
If you don't have any paperwork at all you can look the drug up on a site like this and see if your mom is able to visually identify the one she was given.
posted by phunniemee at 8:22 AM on September 10, 2014 [1 favorite]
Like ubiquity brings up, it's unclear from what's written here if your mother was given a completely incorrect dosage and the script was filled wrong, or if they had the right script and just filled the bottle with the wrong pills.
If it's the latter you're going to want that printout of the drug facts. On there they'll have a pill description. It'll say something like "orange, oblong-shaped capsule printed with xyz on one side." Compare that to the pills you actually received and compare that to descriptions of the correct dosages of the pills online.
If you don't have any paperwork at all you can look the drug up on a site like this and see if your mom is able to visually identify the one she was given.
posted by phunniemee at 8:22 AM on September 10, 2014 [1 favorite]
You presumably gave them a prescription for the right dosage
I think this is kind of key here.
Are you 100% sure the doctor's script was correctly received by the pharmacy staff? If it was transmitted electronically then that's a slam-dunk answer. If the doctor wrote some quick chicken-scratch and the pharmacist couldn't read it, well then there's another piece of evidence you need to collect. Was there a phone call to verify it?
posted by JoeZydeco at 9:20 AM on September 10, 2014 [1 favorite]
I think this is kind of key here.
Are you 100% sure the doctor's script was correctly received by the pharmacy staff? If it was transmitted electronically then that's a slam-dunk answer. If the doctor wrote some quick chicken-scratch and the pharmacist couldn't read it, well then there's another piece of evidence you need to collect. Was there a phone call to verify it?
posted by JoeZydeco at 9:20 AM on September 10, 2014 [1 favorite]
Mod note: From the OP:
For clarification, the prescription label had the correct dosage printed on it, but we were given the wrong pills. This bottle was also a refill, so the pharmacy would presumably have been working off the previous prescription. Before it was returned, I distinctly remember seeing the drug facts label with "...printed with 4096 on one side" on the bottle, but the pills inside were marked with 4097.posted by mathowie (staff) at 10:32 AM on September 10, 2014
I will check with my father regarding any receipts, as well as any online documentation that may be available. I don't have access to my parents' medical records or prescriptions, so a lot of this depends on my father devoting enough time to perform these tasks, when he's not at the hospital. I have also advised him to contact his lawyers anyway, even if he decides not to pursue litigation.
Is there anything else I should advise my father about, or anything I could do personally to be on the lookout for? Your suggestions have been very helpful!
Are you in the United States? I'm pretty surprised that the pharmacy took the bottle back - my pharmacy flatly refuses to take back any medicine even if it was mis-prescribed. The pharmacy should have some records of what was taken and discarded, if that's what happened.
posted by muddgirl at 11:45 AM on September 10, 2014
posted by muddgirl at 11:45 AM on September 10, 2014
ER and hospital records, obviously.
Those institutions can be skittish about providing more than bills so know your rights and make sure you talk to the appropriate office.
posted by Lesser Shrew at 3:25 PM on September 10, 2014
Those institutions can be skittish about providing more than bills so know your rights and make sure you talk to the appropriate office.
posted by Lesser Shrew at 3:25 PM on September 10, 2014
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posted by JimN2TAW at 3:36 AM on September 10, 2014 [3 favorites]