Legal advice due to a malpractice by my sons physician...?

by **salvadore94** » Mon Oct 31, 2011 9:02 am

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.

by **warton26** » Mon Oct 31, 2011 9:14 am

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...

by **delrico** » Mon Oct 31, 2011 9:28 am

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.

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