What are the different types of contact a physician may have with a
patient that might be considered as developing a doctor-patient
relationship? |
Request for Question Clarification by
tutuzdad-ga
on
09 Aug 2003 20:56 PDT
I could be wrong but my intuition tells me that there is an underlying
question here waiting to be answered. Are you actually interested in
the acceptable forms of doctor/patient relationships or are you
seeking an answer to some other question, based on what you might
learn here?
If so, it might be more productive for both of us if you ask the
question directly or perhaps clarify the question you have asked so we
can approach it more directly. Can you explain what exactly you hope
to learn? That is to say, are you trying to find out what is
"unacceptable" based on what a researcher indicates in acceptable?
Regards;
tutuzdad-ga
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Clarification of Question by
pharmboy-ga
on
10 Aug 2003 07:09 PDT
I'm trying to get many pieces to a huge puzzle. I am a pharmacist
that filled prescriptions for an online pharmacy. I am being accused
of filling illegal prescriptions based on there not being a
face-to-face visit by the doctor, thus not having a valid
doctor-patient relationship. My contention is that in today's world,
a face-to-face is not necessary. If a doctor can be sued by a person
for some brief contact where the doctor gave bad medical advice, the
argument there is that a relationship was created. So, yes I need the
many forms of contact that can generate a relationship, including
telemedicine, etc. I'm trying to prove that any type of contact that
is mutual between a doctor and a patient creates that relationship.
But, overall, my point is to prove that the standard of care with
today's technology/internet has changed so much since 1982 that a
physical meeting is preferred, but not a requirement. Help me think
of ideas that I can prove in court, that I haven't thought about
before, and I'll give a $100-$200 tip. For example, there is a case
out there that is pending where a pharmacist filled a prescription for
himself for pain medication that was approved by a doctor. Nothing
wrong with this, but the pharmacist never saw the doctor. The
pharmacist had a working relationship with that doctor's office and
asked that doctor to approve a prescription for him. They obviously
have a relationship, but not one that has any objective information to
back the pharmacist's claim to require pain medication. I need cases
like this that have been completed and other examples in the same
realm as this. Thank you.
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Request for Question Clarification by
voila-ga
on
11 Aug 2003 07:57 PDT
Here's a bit of the puzzle and another researcher might try tracking
the controversy surrounding the cyberdocs website for anything
relevant.
http://www.wvu.edu/~wvjolt/Arch/Hensle/Hensle.htm
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Request for Question Clarification by
mvguy-ga
on
11 Aug 2003 09:17 PDT
That's an interesting question. It might be helpful to know which
jurisdiction (country and state or province) you are located in. In
the United States, at least, requirements can vary subsantially from
state to state.
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Clarification of Question by
pharmboy-ga
on
11 Aug 2003 09:23 PDT
Thank you. I'm more looking for the prescription aspect of this. Is
it the pharmacist's responsibility to ensure that there is a valid
relationship? What case law is there to prove or disprove the
pharmacists role in filling prescriptions if he should question the
doctor-patient relationship?
Thank you.
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Request for Question Clarification by
justaskscott-ga
on
11 Aug 2003 17:37 PDT
I'm not sure if I understand what the problem is. I can't imagine
that a brick-and-mortar pharmacist would need to ask the doctor "Did
you have a face-to-face meeting with the patient?", each time the
doctor gave the patient a prescription or sent a prescription to a
pharmacist. Why would an internet pharmacist need to ask the doctor,
if the brick-and-mortar pharamcist doesn't?
Perhaps you can clear up my confusion by indicating the theory on
which, to the best of your knowledge, you are being accused of doing
something wrong. (I suppose one possibility is that a pharmacist who
knows or has reason to believe that the doctor is not meeting with the
patient might be seen as prescribing medicine unlawfully. But I don't
know if that's the theory in this situation.)
Incidentally, I should emphasize the disclaimer at the bottom of this
page, which indicates that answers and comments on Google Answers are
general information, and not intended to substitute for informed
professional legal advice. If you need such advice, you should
contact a lawyer in your state. A Google Answers Researcher, as a
layperson, can only do general research on this topic, which you might
then discuss with a lawyer.
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Clarification of Question by
pharmboy-ga
on
11 Aug 2003 20:09 PDT
I'm in Texas, but it is a federal situation, so the state regulations
do not matter. Federal guidelines state that the prescription must be
in the usual course of practice for legitimate medical reasons to
prescribe a controlled substance. Nowhere does it say that a
face-to-face meeting is required to establish a doctor-patient
relationship. I need to prove my point. By the way, I have the 2
best lawyers in Texas. I just like to cover my bases.
Thank you.
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