Is controlling substance have more priority than a patient's well being? 5 Answers as of December 03, 2013

My pharmacist was unable to get doctor's approval for my prescription that I take for epilepsy. Often when this happens they will offer an "emergency" supply. Tonight she refused to offer a supply since the medication is a controlled substance. As a result, I had many seizures. What is the priority - controlling substances or the patients' well-being? To put things in perspective, I take the same amount every month and there is almost no question that I would need it.

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
This is not a question about patent law. I am very sorry that you have faced this problem. However, Congress at the Federal level and state licenses authorities have decided, for better or worse, to impose strict requirements on pharmacists for filling prescriptions for controlled substances. Pharmacists who offer "emergency" supplies without a prescription from a doctor do so at considerable risk if they make a mistake and provide drugs to persons who do not prescriptions, they could face civil fines and criminal prosecution. It is your responsibility as the patient to assure that you obtain prescriptions on a timely basis. This may mean that you have see your doctor well in advance of the date when you need a refill on your prescription, and then aggressively pursue your doctor to make sure the prescription is provided to the pharmacist on a timely basis.
Answer Applies to: New York
Replied: 12/3/2013
Banner & Witcoff, Ltd. | Ernie Linek
This is a medical question - not an intellectual property (patents, trademarks, etc.) question. You should first talk to your doctor and the pharmacist for an explanation of what happened. If that does not help, you may want to contact a "tort" lawyer.
Answer Applies to: Massachusetts
Replied: 11/26/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
This is really a medical question regarding the amount and frequency for providing medication to a patient. As a legal professional I don't have enough medical knowledge regarding your medical condition to advise you beyond the Doctor or pharmacist that is familiar with your medical condition and proscribed medication. If you believe that you are not being properly treated you should contact a medical malpractice attorney.
Answer Applies to: California
Replied: 11/26/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
A controlled substance is the most tightly regulated of the drugs approved for use by humans. It is only available with a doctor's prescription. A pharmacist can not just hand out an "emergency supply" when he or she thinks it is appropriate. You need to have a serious talk with your doctor about how best to control your seizures and which pharmacy you should get your medications from.
Answer Applies to: Nebraska
Replied: 11/26/2013
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
While I can feel for your situation - there is no legal question here that I can answer as I am but a lowly patent attorney.
Answer Applies to: Oregon
Replied: 11/26/2013
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