Joseph L. Fink III, BSPharm, JD

When a patient consults a pharmacist by telephone about a medication, which allegedly results in adverse health consequences, can the pharmacist and pharmacy be held liable for monetary damages?

The unusual behavior of a pharmacist attracted the attention of the state board of pharmacy, leading it to issue a confidential order that he undergo a comprehensive physical and medical examination.

When a patient waited 3-and-a-half years to initiate a lawsuit against a pharmacy for a dispensing error, was that a timely filing under the relevant state law?

A retired physician filed suit against his former accounting firm, alleging that its poor advice led to him having problems with the IRS.

Is it appropriate for a judge to add an "enhancement" to lengthen a sentencing period because the pharmacist abused the public's trust?

What is the liability exposure of a pharmacy employer when a pharmacist ignores policies regarding confidentiality and releases a patient's protected health information?

Can a pharmacist be successful with a legal argument that his termination was unlawful because it violated public policy?

Can the DEA use an "administrative subpoena" to obtain information from a database of transactions, or do the DEA's motives for wanting such information need to be more thoroughly vetted before being able to access the data?

When the DEA requests that several pharmacies send a letter to a prescriber indicating that they will no longer honor prescriptions from his office for certain controlled substances, may the physician initiate a lawsuit against one of the pharmacies alleging violation of his property rights without due process of law?

If a pharmaceutical manufacturer markets a medication via interstate commerce and then reduces production and rations availability of the medication, can a lawsuit proceed that alleges negligence?

A medication dispensing error at a pharmacy, in which the directions for use were mislabeled, resulted in the hospitalization of a child. May the parents maintain a lawsuit against the pharmacy for damages?

When a dispensing error occurs and the pharmacy technician was alleged to have participated in creation of the misadventure, do the procedural requirements specified in a state's statute covering medical malpractice claims apply?

A chief financial officer of a pharmacy made payments to secure referrals for prescriptions to be dispensed and knew that commission-based arrangements between health care professionals and third parties are illegal. Was it reasonable for a jury to convict him based on a conclusion that his issuance of the checks was a willful act?

An application to be a participating provider in a state's Medicaid program bears a provision certifying that none of the employees has a criminal record.

May an aspiring pharmacist who was hired as a pharmacy technician be terminated from employment for performing functions that would be permissible for a pharmacy intern, but not for a pharmacy technician?

Refusal to honor prescriptions for controlled substances written by a physician under investigation causes legal action.

When an insurance company's administration of a Medicare Part D prescription drug insurance program generates numerous complaints to the Centers for Medicare & Medicaid Services, is immediate termination of the contract appropriate?

When a registered nurse kills her spouse using medications from the care facility where she works, and then her son files a wrongful-death lawsuit against the facility, may the lawsuit proceed?

A pharmacist is told that a board of pharmacy hearing may result in the revocation of his license to practice. May he challenge the decision in court by alleging that he was not alerted to the possibility of permanent revocation?

When a pharmacist pleads guilty to charges related to controlled substances and is then notified by federal authorities that he will be excluded from participating in federal health programs, can he avoid the consequences of his guilty plea?

A case involving a modified medication schedule and a transcription error that may have contributed to a patient's demise.

May an employer implement a policy prohibiting employees from using legally marketed medications that had been lawfully prescribed if such use might adversely affect safety, company property, or job performance?

Can employers legally prevent employees from working at competing pharmacies?

May a state board of pharmacy base denial of a pharmacy internship application on prior criminal conduct?

A pharmacist is fired and points out that the employer may have violated public policy because she objected to activities and qualifications of pharmacy technicians assigned to assist her.

When a pharmaceutical wholesaler notifies a community pharmacy that it will no longer distribute controlled substances, the pharmacy seeks a temporary injunction.