Comments on: Ohio bill would criminalize non-reporting of serious pharmacy mistakes http://www.medcitynews.com/2009/06/ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes/?utm_source=rss&utm_medium=rss&utm_campaign=ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes MedCity News Sat, 11 Feb 2012 15:17:29 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Former UH pharmacist likely to serve full sentence after early-release appeal denied : MedCity News http://www.medcitynews.com/2009/06/ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes/comment-page-1/#comment-46865 Former UH pharmacist likely to serve full sentence after early-release appeal denied : MedCity News Tue, 29 Dec 2009 20:53:35 +0000 http://www.medcitynews.com/?p=6102#comment-46865 [...] case sparked an uproar among pharmacy trade groups, who called the prosecution inappropriate and unwarranted. Industry advocates have said pharmacists [...] [...] case sparked an uproar among pharmacy trade groups, who called the prosecution inappropriate and unwarranted. Industry advocates have said pharmacists [...]

]]> By: Pharmacist going to jail over role in 2-year-old’s death : MedCity News http://www.medcitynews.com/2009/06/ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes/comment-page-1/#comment-14055 Pharmacist going to jail over role in 2-year-old’s death : MedCity News Fri, 14 Aug 2009 15:47:13 +0000 http://www.medcitynews.com/?p=6102#comment-14055 [...] Sen. Tim Grendell, who sponsored Emily’s Law, this year introduced legislation to criminally punish pharmacists who don’t report errors in dispensing dangerous drugs to [...] [...] Sen. Tim Grendell, who sponsored Emily’s Law, this year introduced legislation to criminally punish pharmacists who don’t report errors in dispensing dangerous drugs to [...]

]]> By: Brett Randolph http://www.medcitynews.com/2009/06/ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes/comment-page-1/#comment-8275 Brett Randolph Wed, 01 Jul 2009 13:35:54 +0000 http://www.medcitynews.com/?p=6102#comment-8275 The is a travesty from all perspectives in this case. A travesty for the child, the parents that have to endure without thier daughter, for the pharmacist, for the hospital, and for the medical community at large. As a parent, I can admirew the energy they are expending in seeing that opportunities like this may be better prevented. The avenue in which this has been pursued is somewhat suspect though and a whole other topic beyond the scope of this comment. On the flipside, I see this as a travesty for the pharmacist, the hospital, and the community in that based on existing precedent, principles, and practice, that this criminal prosecution will lead to a silencing effect on future prevention of medication errors. We have seen this throughout the law enforcement world with internal affairs divisions inability to crack the informal veil of secrecy seen within these ranks. Negative ffedback reinforcement has not succeeded in this forum and will not succeed in the medical community. Is he guilty - YES! Is he criminally guilty - NO! Do you think this gentleman intentionally sacrificed years of his life in the academic environment, successfully past the requirements to practice Pharmacy, went to work, and willfully created an environment to "MURDER" a patient, a child nonetheless? Walk into any pediatric specialized institution and you will find safegaurds unprecedented as compared to the rest of the medical community and with that comes a veil of responsibility healthcare professionals assume beyond what you would traditionally see in other practicing environments. At the end of the day, I feel for the family for thier loss. Nothing can return that child to them at the end of the day. They has lost out on the first day of school, graduation, a wedding, and the many other rewards that come with god's gift. But, we must be judicious in the precedent that we are setting and criminal negligence in this case seems far to harsh. Some say and believe in the philospophy of an eye-for-an-eye, should we murder this poor soul? We already have - we just haven't realized or know it yet. The is a travesty from all perspectives in this case. A travesty for the child, the parents that have to endure without thier daughter, for the pharmacist, for the hospital, and for the medical community at large. As a parent, I can admirew the energy they are expending in seeing that opportunities like this may be better prevented. The avenue in which this has been pursued is somewhat suspect though and a whole other topic beyond the scope of this comment. On the flipside, I see this as a travesty for the pharmacist, the hospital, and the community in that based on existing precedent, principles, and practice, that this criminal prosecution will lead to a silencing effect on future prevention of medication errors. We have seen this throughout the law enforcement world with internal affairs divisions inability to crack the informal veil of secrecy seen within these ranks. Negative ffedback reinforcement has not succeeded in this forum and will not succeed in the medical community. Is he guilty – YES! Is he criminally guilty – NO! Do you think this gentleman intentionally sacrificed years of his life in the academic environment, successfully past the requirements to practice Pharmacy, went to work, and willfully created an environment to “MURDER” a patient, a child nonetheless? Walk into any pediatric specialized institution and you will find safegaurds unprecedented as compared to the rest of the medical community and with that comes a veil of responsibility healthcare professionals assume beyond what you would traditionally see in other practicing environments.

At the end of the day, I feel for the family for thier loss. Nothing can return that child to them at the end of the day. They has lost out on the first day of school, graduation, a wedding, and the many other rewards that come with god’s gift. But, we must be judicious in the precedent that we are setting and criminal negligence in this case seems far to harsh. Some say and believe in the philospophy of an eye-for-an-eye, should we murder this poor soul? We already have – we just haven’t realized or know it yet.

]]> By: Jen Marks http://www.medcitynews.com/2009/06/ohio-bill-would-criminalize-non-reporting-of-pharmacy-mistakes/comment-page-1/#comment-7943 Jen Marks Sat, 27 Jun 2009 18:30:51 +0000 http://www.medcitynews.com/?p=6102#comment-7943 The Ohio State Board of Pharmacy imposed the maximum fine allowed on a Toledo pharmacist in a medication error case involving the death of a cancer patient. In addition, Daniel M. Scott, a pharmacist at Riverside Mercy Home Pharmacy Services, was charged by a grand jury with one count of involuntary manslaughter in the death of 62-year-old Lyle Ganske on July 11, 2000. William T. Winsley, the executive director of the Ohio Board, explains, “Scott is used to dispensing medications involving no more than a 24-hour dose. He was not familiar with dispensing medications that are to be administered over a longer period of time. In the victim’s case, the intravenous treatment of Adriamycin® and vincristine was supposed to be administered on an out-patient basis over a four-day period. Instead, Scott dispensed four times the four-day dosage to Ganske, a chemotherapy patient.” Winsley says Scott was given the doctor’s prescription order, which clearly stated what medication was needed and how much. However, according to Winsley, Scott failed to look at the doctor’s order and instead read the nurse’s transcription that could have been interpreted two ways. The Board Minutes, dated August 6, 7, and 8, 2001, further explains that Scott dispensed the drug without having the correct directions for use indicated on the label affixed to the container and did not indicate the directions for use of the medication as was prescribed by the physician. The Board also found that Scott failed to perform prospective drug utilization review. Winsley stresses that this is “not just a medication error case.” He notes that, “All pharmacists need to know their limitations because the general public holds pharmacists responsible and accountable for their actions, including those seen and proven as errors. If pharmacists are put into a position and expected to perform a specific task, they must say no if they feel unsure or unfamiliar with the task. Pharmacists need to know what their capabilities are and how not to act outside them.” Just prior to this case, the pharmacy practice act regarding license restrictions changed. The Board now has the authority to restrict licenses of pharmacists, including those involved in error cases instead of suspending or revoking them. Based on the findings at the hearing, the Board concluded that Scott was “guilty of unprofessional conduct in the practice of pharmacy as provided in Division (A)(2) of Section 4729.16 of the Ohio Revised Code.” Scott was fined $1,500 by the Board. If convicted by the court, he could face one to five years in prison The Ohio State Board of
Pharmacy imposed the maximum
fine allowed on a Toledo
pharmacist in a medication
error case involving the death of
a cancer patient. In addition,
Daniel M. Scott, a pharmacist
at Riverside Mercy Home
Pharmacy Services, was charged
by a grand jury with one count
of involuntary manslaughter in
the death of 62-year-old Lyle
Ganske on July 11, 2000.
William T. Winsley, the executive
director of the Ohio Board,
explains, “Scott is used to
dispensing medications involving
no more than a 24-hour
dose. He was not familiar with
dispensing medications that
are to be administered over a
longer period of time. In the
victim’s case, the intravenous
treatment of Adriamycin® and
vincristine was supposed to be
administered on an out-patient
basis over a four-day period.
Instead, Scott dispensed four
times the four-day dosage to
Ganske, a chemotherapy patient.”
Winsley says Scott was given
the doctor’s prescription order,
which clearly stated what
medication was needed and
how much. However, according
to Winsley, Scott failed to look
at the doctor’s order and
instead read the nurse’s
transcription that could have
been interpreted two ways.
The Board Minutes, dated
August 6, 7, and 8, 2001,
further explains that Scott
dispensed the drug without
having the correct directions
for use indicated on the label
affixed to the container and did
not indicate the directions for
use of the medication as was
prescribed by the physician.
The Board also found that
Scott failed to perform prospective
drug utilization review.
Winsley stresses that this is
“not just a medication error
case.” He notes that, “All
pharmacists need to know their
limitations because the general
public holds pharmacists
responsible and accountable
for their actions, including
those seen and proven as
errors. If pharmacists are put
into a position and expected to
perform a specific task, they
must say no if they feel unsure
or unfamiliar with the task.
Pharmacists need to know
what their capabilities are and
how not to act outside them.”
Just prior to this case, the
pharmacy practice act regarding
license restrictions
changed. The Board now has
the authority to restrict
licenses of pharmacists,
including those involved in
error cases instead of suspending
or revoking them.
Based on the findings at the
hearing, the Board concluded
that Scott was “guilty of
unprofessional conduct in the
practice of pharmacy as
provided in Division (A)(2) of
Section 4729.16 of the Ohio
Revised Code.” Scott was fined
$1,500 by the Board. If convicted
by the court, he could
face one to five years in prison

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