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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Failure to Fill Prescription

    My question involves medical malpractice in the state of: Michigan

    I've been suffering from an ear infection for the past two days, and I am unable to get my proscription filled. The pharmacists keeps telling me that they need to contact my doctor regarding the proscription, but that they are unable to get a hold of them. I wanted 24 hours, and I received a phone call from them (no voice mail), but I figured they were calling to let me know that the proscription was ready to be picked up. I drove out again and they still didn't have it ready, getting frustrated because I'm in pain, I called my doctor and they tell me he isn't in today. The person on the phone said she would look into it and its been 3 hours and no phone call from them either.

    So my question here is this considered to be medical malpractice?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,671

    Default Re: Failure to Fill Prescription

    That's unusual. The prescription is for what medication? Have you asked your doctor's office to simply call in the prescription?

  3. #3
    Join Date
    Jan 2006
    Posts
    21,257

    Default Re: Failure to Fill Prescription

    if there are no refills on the scrip, the pharmacy is doing what they can to help you. They are not obligated to contact your doctor. While I have seen pharms give a partial refill on a scrip, it is only in very specific circumstances which is does not sound like yours is.

    it is your obligation to have the scrip refilled which you do by contacting your doctor. As to not getting a call back within 3 hours...ok. Maybe they are busy. If you go to a single doctor practice, it's quite possible there is nobody there who can write a new scrip.



    did you ever think of taking care of this before it is so urgent to you?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,620

    Default Re: Failure to Fill Prescription

    Your doctor may have wrote the prescription without a dosage or when and how many times to take your medication.

    If this is the case, the pharmacist cannot fill your prescription until they speak with your doctor.

    There is no malpractice on ether the doctors or the pharmacists part.

    contact your doctor and tell him to call the pharmacy so you can get your script.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,617

    Default Re: Failure to Fill Prescription

    An innocent error doesn't come anywhere close to medical malpractice.

    (FWIW, my pharmacist requires 48 hours if they need to contact the doctor for authorization).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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