Medical Negligence Ethics Issue:

Do pharmacies have a duty and ethical obligation to protect the public from customers who may be abusing prescription medications?

Medical Negligence In Brief:

Malpractice lawsuit is filed against a number of Nevada pharmacies for death and injury caused by Patricia Copening, a pharmacy customer who was abusing prescription medications with the pharmacies' knowledge.

During a 12-month period, Copening received prescriptions for about 4,500 hydrocodone pills at 13 different pharmacies:

A narcotic used for severe pain relief.

High potential for abuse.

May impair one's ability to perform potentially hazardous tasks such as driving a vehicle.

While under the influence of hydrocodone, Copening struck Gregory Sanchez, Jr. and Robert Martinez with her vehicle:

While they were on the side of the road.

Killing Sanchez.

Leaving Martinez seriously injured.

Copening was arrested for driving under the influence of narcotics.

Sanchez's estate, his daughters and his widow, and Martinez and his wife filed a wrongful death and personal injury complaint against Copening.

During discovery, it was learned that the Nevada Prescription Controlled Substance Abuse Prevention Task Force:

Was designed to protect the general public from unlawful distribution of controlled substances.

Had detected problems with Copening's prescription history.

Following review of its computerized tracking program of prescriptions dispensed by pharmacies, the task force sent a letter informing certain pharmacies about Copening's suspected abuse of narcotics.

State law provides that narcotic prescriptions should not be honored if a pharmacist deems a prescription:

Fraudulent

Not for a legitimate medical purpose

Potentially harmful to the customer's health

Unlawful

Pharmacists are mandated to contact the prescriber before dispensing such prescriptions.

If the pharmacist believes that one of the four conditions exists, the narcotic prescription may not be dispensed.

Upon discovering the letter about Copening to the pharmacies from the state task force, the original complaint was amended to include the seven pharmacy chains that dispensed narcotic prescriptions to Copening:

Wal-Mart Longs Drug Stores Walgreen CVS Pharmacy Rite Aid, Albertson's Lam's Pharmacy

All seven pharmacy chains had knowledge of Copening's suspected abuse of narcotics when they dispensed her prescriptions.