A 30-year-old test pilot for a watercraft manufacturer suffered severe leg injuries that required surgery after several
Question:
A 30-year-old test pilot for a watercraft manufacturer suffered severe leg injuries that required surgery after several wrecks during the testing procedure. He was prescribed methadone for pain, and his physician also ordered an off-label, experimental form of ketamine tablets that required special compounding. This required a prescription order form to be filled out correctly prior to the compounding and dispensing. The patient, whose pain was not sufficiently relieved by the methadone, readily agreed to take this additional medication in the hope that complete pain relief would be achieved. The experimental medication had warnings against concurrent use with other pain medications. The patient was later found dead and an autopsy confirmed that the combination of the two drugs proved to be lethal.
- Since the ketamine was in an experimental tablet form, what should the pharmacist have done prior to filling the prescription?
- If the prescription order form for the experimental ketamine was not filled out correctly, and the drug was still dispensed, who can be held liable?
- What legal theory of liability applies to this situation?