My son was diagnosed with a virus, he was started on antibiotics SMZ-TMP SUS 200-40/5. The doctor requested that he come back in the following day for a check up. During this visit he was given an injection of Rocephin/Lidocain to speed up the process of the treatment.
After the injection was given I was given a prescription of 2% Rocephin and 1% Lidocain to restock the supply they used for him. The pharmacist immediately told me it was against federal law to dispense a medication to someone other than the person whom it is prescribed. They refused to fill the script which was fine. He explained the risks associated with mishandle of a vial of antibiotics like leaving it in prolonged sun exposure rendering it ineffective or knowingly/unknowingly tampering with the medication.
I called the doctors office to explain this and told them I could only get the medication if it was for my son. They explained that it was for their supply and not his, I told them my pharmacist said it was a violation to do this and they got quiet. I further said if necessary I'll pick it up since it was ordered and I can bring it by when it comes in and they said, "ok"...therefore I would be violating the law to do this.
BTW, his insurance will not pay for either medications, and one only comes in quantities of 25 vials per case (Lidocain) and is not to be prescribed to a patient and for doctors office use only.
What should I do from here, I have already sent in a claim to the Texas Medical Board which takes 30 days to review. My son will not be going back to this physician however I am monitoring him closely since the injection yesterday to make sure it is working rather than causing further problems.
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards.
It is a normal standard to ask a patient to break the law by providing a prescription for him to the office for use with another patient?
Thank you for the better explanation. I don't feel he caused harm at all. However, I don't think that a pediatric doctor or any doctor should be able to accept patient prescriptions for use with other patients especially a medication that could be easily tainted. (Even requesting it after I called to explain the pharmacy said it was illegal) I'm not out to sue or get any money, I just want to make sure the situation is handled appropriately. Malpractice might not be the correct terminology...is there something else I could research instead?
Cliff
This isn't malpractice at all...he didn't harm your kid...
I am well aware of what malpractice is, but his erroneous writing of the prescription does not amount to malpractice...No one was harmed by his act...That is one of the requirements of a malpractice claim...
Medic_13
If you let the medical board know, there is really nothing left to do. This is not a case of malpractice because there was no harm to your son. It does sound fishy though.
Orignal From: Legal advice due to a malpractice by my sons physician...?
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