Health law · Legal information

If the Wrong Medicine Is Given at the Pharmacy, Who Is Asked?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the name on the prescription and the name of the box that was given differ, the question is in the pharmacy handover. It is not in the physician's choice of medicine. This text looks at whether the box the pharmacist handed over is the same as the line on the prescription. Whether the product the physician wrote is medically in place is in the medicine error record. The route of supply of controlled medicines is not here. A sum of compensation and a product list are not written.

The prescription line, the face of the box, and the label

The patient places the prescription line, the face of the box, and the label the pharmacy stuck on, side by side. If the three carry the same name, the question of this text closes. If the prescription writes one name and the box another, the difference stands in the pharmacy record. If the label carries a third name, all three are kept. The difference does not mean the physician's choice was correct either. The two questions can join in the same handover. The two are read apart.

Article 25 of Law No. 6197 requires that a prescription left at the pharmacy be made up without being altered or changed. The responsible manager of the pharmacy is directly responsible for an error seen in the medicine of a prescription prepared at the pharmacy. The provision does not declare the line the physician wrote medically correct. If the line and the box differ, that difference is read first. A promise of an outcome does not come out of this difference. The statute does not carry a list of product names either. A list is not added to this page.

The prescription being hard to read, in code, or without a heading can be a separate obstacle. That obstacle is not the short name of a difference of box. If the heading is missing, the gap is written. The gap does not produce the name of the box that was handed over. If the prescription has more than one line, each line is read with its own box. If one line matches and the other does not, only the line that does not match is the question of this text. The line that matches does not close the one that does not. The patient separates which box belongs to which line from the label number. If there is no number, the absence is written. The absence does not declare the whole handover wrong. If the prescription carries a number, the number is read. The number does not stand in for the name on the face of the box. If the pharmacy printout repeats the number, the repetition is marked. If there is no repetition, the two records can conflict. The conflict is not closed by writing a product list.

The receipt and the record of the responsible manager

If the receipt or the sales document carries the name of the product that was handed over, that name speaks. If there is no receipt, a photograph of the box does not of itself stand in for the receipt. If there is a photograph, it is kept together with the face of the box. If the writing on it was erased, the erased place is not completed as if the name were there. If the label writes a name different from the receipt, the two stand as a conflict. The conflict is not reduced to a single name.

The responsible manager is looked for in the pharmacy's licence and operating record. If the stamp on the receipt carries a name, that name is read. If there is no record, a name is not guessed. A guess does not change the prescription line either. The patient keeps the copy of the prescription that was given back to them. If there is no copy, the absence is written separately. The absence does not produce the name of the box. That a daily prescription record will be kept is left, in Article 26 of the statute, to the procedure the Ministry determines. The procedure is not rewritten on this page. If there is a printout of the record, the line on the printout is read. If there is no printout, a line is not invented. Article 27 of the statute says that a prescription which does not show the address and the diploma number openly, which is without a heading, hard to read, or in code, cannot be made up. This obstacle does not erase the name of the box that was handed over if the handover took place. If there was no handover at all, the obstacle is read as the ground of the absence only if it stands in the record. If the pharmacist wrote on the receipt that they gave an equivalent product, that writing is read. If there is no writing, it is not said an equivalent was given. The name of the equivalent is not listed on this page. The patient looks on the prescription for an endorsement by the physician that another product should not be given. If there is an endorsement, the endorsement is read. If there is no endorsement, the absence does not of itself make the difference of box justified or unjustified.

The medicine the physician chose is not this box

If the name on the prescription and the name on the box are the same, and the claim is that the physician wrote the wrong product, the subject goes to the physician's record. The pharmacy may have given exactly what was written. Giving it exactly does not carry the physician's line into this text. The physician writing the prescription is the record of the practice of medicine within the frame of Law No. 1219. The giving of the box is the pharmacy record. A conflict of orders in a hospital is not the short name of a box at a community pharmacy. That conflict stands as the plan and the line of practice in the chemotherapy protocol record. A dose and a schedule are not there either.

The definition of a consent form is in the article on informed consent. A prescription is not a copy of the consent form. Even if a product name appears on the form, the name does not of itself show the box handed over at the pharmacy. The general list of an application to be made to the hospital is in the article on patients' rights. The pharmacy receipt is not read as one item of that list.

Contact where the contents are in doubt

The statute writes that the pharmacist cannot make up a prescription whose contents they suspect of an error, without contacting the treating physician. This sentence is not a method of supply. An amount, a schedule and a product name are not written here. If contact was made, the contact is read from the note entered on the prescription or from the pharmacy record. If there is no note, contact is not treated as having happened. Treating contact as having happened does not mean the box is the same as the prescription either. If the two records are there, the two are read side by side.

The patient separates the face of the box before it was opened from the pharmacy label. An opened box does not, on its own, turn the image inside into the prescription line. If the contents and the outer face differ, the difference is written separately. The difference is not closed by inventing the name of another product. If the box was handed not to the patient but to a person beside them, the name of the person who received it is read if it stands on the receipt. If there is no name, it is not assumed it was given to that person. If the person on the prescription and the person on the receipt differ, the difference is marked. The difference does not mean the product name is correct. If the patient gave the box back to the pharmacy, the receipt of the return is kept separately. The return does not mean the first handover never happened. The two receipts stand side by side. If one is missing, the other is not written in its place. A community-pharmacy receipt is not the printout of the order in an inpatient file. If the order writes one name and the receipt another, the records of the two institutions are kept apart. One is not treated as having taken on the other's error.

The route of supply is not in this text

The keeping of poisonous and potent medicines, and their sale to the consumer, is left in Article 23 of Law No. 6197 to the statute and the legislation on that subject. This text does not recount that route. How it would be obtained, and where it would be found, are not here. A difference of box is not turned into a method of supply. A method that was turned into one is not put in place of the prescription line either. The face of a box referred to as a controlled product is still read by the name on its face. The name is not completed with a description of how to acquire it.

An exchange between pharmacies, a return, or a notice of destruction is not the subject of this page. The receipt in the patient's hand does not stand in for an exchange record. The receipt shows the moment of handover. The circulation after the handover is left as not being there if it is not on the receipt.

The copy that is kept

The patient keeps the copy of the prescription, the receipt, a photograph of the face of the box, and the label together. The date of the photograph speaks in place of the day of handover only if there is no receipt and the date can be read. If the date is faint, the faintness is not closed. If the pharmacy stamp cannot be read, it is written that it cannot be read. A stamp that cannot be read is not filled with the name of a pharmacy in another district. The name of the pharmacy comes out of the stamp on the receipt or the prescription. If the stamp carries the name of a branch or a depot, that name does not of itself stand in for the pharmacy where it was handed over. The place of handover is read from the line at the top of the receipt. If there is no line, the place is not completed. If the patient went to two pharmacies on the same day, each receipt stands with its own box. If the receipts were kept mixed, the mix cannot be corrected as if there were a single handover.

If the documents are to be read together, the contact route is open. Reading is not declaring who is responsible before the three papers are there.

The office in Çankaya does not choose the authority the file will go to.

Conclusion

If the wrong medicine is given at the pharmacy, what is read is whether the prescription and the box carry the same name. A physician's medicine error is a separate record. The route of supply and a product list are not in this text. The frame is on the health law page. The basis is Articles 23 and 25 of Law No. 6197.

Legislation

Frequently asked questions

If the box differs from the prescription, is the physician in the same question?

It is not the same question. The prescription line and the face of the box are read in the pharmacy record. Whether the product the physician wrote is medically in place is in a separate article. If the two differences join in one handover, the two stand on separate lines. One does not close the other.

If the medicine on the prescription is medically wrong, is the pharmacy record read?

If the box carries exactly the name on the prescription, the difference is not at the pharmacy. The physician's record is then read. The pharmacy giving exactly what was written does not carry the physician's line into this article. If there are two differences at once, they are still kept apart.

Is the route of supply of a controlled medicine in this text?

It is not. How it would be found, and where it would be obtained, are not recounted. The statute leaves the keeping and the sale of poisonous and potent medicines to separate legislation. A difference of box is not turned into that route.

If there is no receipt, is the face of the box enough on its own?

If there is no receipt, the absence is written separately. If the box is there, the name on its face is read. A photograph does not complete writing that was erased. If the label and the face of the box differ, both are kept. One does not stand in for the other.

Where is the record of the responsible manager looked for?

It is looked for in the pharmacy's licence record and on the stamp on the receipt. If there is no record, a name is not guessed. A guess does not change the prescription line. If it was handed over on duty, the duty does not of itself make the name on the stamp another person.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Health law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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