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Illegible Prescription
On June 23, 1995, Ramon Vasquez received the following prescription from his
cardiologist. He began taking the medication given to him by the pharmacist on a
Saturday morning. By Sunday night, the medication had affected his heart so much
that he had a heart attack. He died several days later.
What is the name of the first drug prescribed? Is it Plendil??? Isordil???
The pharmacist who filled this prescription read it as Plendil. The
cardiologist who wrote the Rx states that he wrote Isordil.
Suit was brought against the pharmacy and the
cardiologist. The pharmacy settled early on for a confidential amount. The
case proceeded to trial against the physician.
The jury found that the cardiologist was negligent for writing
the prescription illegibly and awarded damages of $450,000.00. The jury assessed
50% of the responsibility for Ramon's death on the cardiologist and 50% on the
pharmacy.
This case marks the first time that a physician has been found
negligent for illegible handwriting.
In his closing statement during the trial, Mr. Buckingham told
the jury that they had the power to effect a change in the old joke about a doctor's bad
handwriting. The jury listened and agreed. The national media quickly seized on
the importance of the jury's verdict. The case was covered by articles in all of
the major newspapers. Stories on the verdict were covered by CBS News, ABC News,
MSNBC, Good Morning America, People magazine, the National Law Journal, and
other national media.
Click here
to read article in USA Today.
Click
here
to read article in the National Law Journal.
Click here
to read article from Salon Magazine.
Click here to
read what the Institute for Safe Medication Practices had to say.
What can you do to assure that an illegible script does not lead to a misfilled
prescription for you or your family?
Try to read the prescription yourself before leaving the doctor's office. If the drug or
dosage schedule is not clearly readable, ask the doctor to rewrite the prescription
form.
Ask the doctor to tell you verbally the drug and dosage schedule and compare that with what you can read on the
prescription form.
Ask the pharmacist to read the prescription aloud to you at the window before the filling process begins.
Read the label on the prescription container to see if it matches your understanding of what you were to receive.
Ask the pharmacist to open the prescription container and confirm that the medication inside is what you were to
receive.
These steps may be time-consuming and, at times, awkward.
However, if they prevent the misfilling of a
prescription that you or a family member will be taking, they are worth the effort.
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