The clinic claimed it was providing a branded steroid and charged for it. Instead, they used a generic one provided by the compounding pharmacy. Instead of purchasing their drugs from a manufacturer that operates under strict FDA regulations, they went through a compounding pharmacy that didn’t have the same regulations and only had authorization to mix individual prescriptions for individual patients – not three lots worth like NECC did. The clinic *might* have had an argument if they had told the patient that they were using a generic and gave the option of using a branded drug, or refusing altogether. But they didn’t. Putting aside just how unethical giving a patient a generic drug, but charging for the branded version is; their behavior made it so the patient wasn’t able to give informed consent. And that’s a big deal when it comes to malpractice claims.
And yes, three of the pharmacists employed at NECC had their licenses revoked.
Well alrighty then. I guess since the true tort-feasor went bankrupt (pharmacy), someone had to pay, eh?
So they went bankrupt, but did the Pharmacist surrender his license?
The clinic claimed it was providing a branded steroid and charged for it. Instead, they used a generic one provided by the compounding pharmacy. Instead of purchasing their drugs from a manufacturer that operates under strict FDA regulations, they went through a compounding pharmacy that didn’t have the same regulations and only had authorization to mix individual prescriptions for individual patients – not three lots worth like NECC did. The clinic *might* have had an argument if they had told the patient that they were using a generic and gave the option of using a branded drug, or refusing altogether. But they didn’t. Putting aside just how unethical giving a patient a generic drug, but charging for the branded version is; their behavior made it so the patient wasn’t able to give informed consent. And that’s a big deal when it comes to malpractice claims.
And yes, three of the pharmacists employed at NECC had their licenses revoked.