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Is this malpractice, practicing Medicine at a Pharmacy, My Civil Rights Violated, Criminal, NO ONE seems to know? HELP!

Savannah, GA |

Rx related/M.D. wrote 90 day script for CII Rx/ notified Pharmacy of special qty needed 1 week was advised message for Rx would be delivered/ confirmed message was delivered to Contact for Rx orders/Arrived on date told Rx would be available/Pharmacist refused to fill/ He acknowledged the orders' request/Stated he would not issue in that dosage, and preceded to state what dosage would be appropriate/The Pharmacist is not know to/by me/Rx was Legal and Proper written on required script pad/have been using Rx for long term/Rx warns DO NOT suddenly stop taking Rx/Sudden Death may result/Cannot find attorney with resources to file suit/ personal resources limited/disabled/too young to die/spoke to drug manufacturer/Counsel called back said there was nothing the Rx manufacturer could do

Attorney Answers 5


  1. Your post is almost unreadable, but it looks like you went to a pharmacy and they did not want to fill the prescription for some reason. The way to handle that is to either go to another pharmacy, or contact your doctor to discuss a resolution. The reason you can't find a lawyer is because your post indicates you probably have no case. You only mention one pharmacist - what happened when you contacted your doctor or went to another one?


  2. Does this involve painkillers or psychotropic medications?

    Clark County, Nevada practitioner.


  3. The reason you cannot find a lawyer is because nothing in your post constitutes a legal claim. Pharmacists are NOT required to fill prescriptions, and your remedy was very simple, and that was to call other pharmacies. You're in Savannah and there are 100's. In the time you wasted calling lawyers and the drug company you could have easily located a pharmacy that wants your business so any harm in the delay is actually caused on your end.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. Your civil rights have not been violated. No one has a right to get their prescriptions filled. There is no malpractice because there is no practice, the pharmacist refused to treat. There is no criminal misconduct because it is not against the law in Georgia to refuse care. Talk to your doctor or find another pharmacist.

    Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.