Bette Robin, DDS, JD 877 DrRobin
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
DRUG DILEMMAS
An Army oral surgeon was reminded in a painful way of the fact that
antibiotics can make birth control pills ineffective. The case of Chris
and Karyn Jones v. United States of America, a 9th Circuit Court of
Appeals case dated October 28, 1997, involved a suit for malpractice
and wrongful life due to the unwanted birth of Jones’ daughter. The
Jones’ claimed the birth was the result of the oral surgeon’s failure to
warn about the drug interactions.
Mr. Jones was a sergeant in the United States Army. His wife, Karyn,
went to an Army oral surgeon for the extraction of a tooth. The oral
surgeon prescribed Penicillin VK for the treatment of an infection prior
to extracting her tooth. Neither the oral surgeon nor the dental hygienist
that saw Karyn warned her of any possible effect of the Penicillin on the
effectiveness of birth control pills, despite the fact that Karyn disclosed
the fact that she took Triphasil-28 birth control pills on her health history.
Karyn took the antibiotics for 4 days as directed. On the fifth day, Karyn
returned to the dental clinic to have lab work done in preparation for
surgery. During this visit, a different oral surgeon warned her that the
antibiotics could reduce the effectiveness of birth control pills. And sure
enough, Karyn got pregnant and delivered a healthy baby daughter on
October 17, 1992. Karyn and her husband had no desire to start a
family at that point in their life, and brought a suit for wrongful life and
malpractice, requesting costs attributable to her pregnancy and costs
associated in raising her
daughter. The suit was not successful due other procedural reasons,
but based solely on the facts the plaintiffs probably would have
succeeded, as other plaintiffs have.
The prescription, dispensing, use and abuse of drugs is a large source
of potential malpractice liability and State Board action against
dentists. Remember that drugs must be necessary for a condition and
medical indication in which the dentist is treating the patient.
1. If you dispense or sell drugs from your office, you must follow all
applicable laws pertaining to such dispensation or sale. These laws
include: the use of childproof containers, complete labeling of bottles,
applicable warnings and directions for use, written disclosures telling
patients’ of their right to obtain the prescription from the pharmacy of
their choice, etc.
2. You must keep exact ‘in-and-out’ logs for all drugs and you must
keep a separate inventory control for all drugs, as well as recording
drugs dispensed or sold or a prescription given in the individual patient’
s chart.
3. An auxiliary may never ‘OK’ a prescription refill without your prior
permission and may never order drugs from a mail order supply house
without your prior permission and signature in your log.
4. You may never order drugs for your own use. Or for your family,
friends, employees, or dog’s use (yes, I had a State Board case
involving drugs for the family dog!). It doesn’t matter whether the drug is
cheaper through the mail, more convenient to obtain, or you just don’t
want to go to a physician to prescribe the drugs you need. The State
Board finds drugs an easy offense to pursue. All the Board has to do is
to obtain records from the mail order house and - case closed!
© Bette Robin, DDS, JD 12/97
antibiotics can make birth control pills ineffective. The case of Chris
and Karyn Jones v. United States of America, a 9th Circuit Court of
Appeals case dated October 28, 1997, involved a suit for malpractice
and wrongful life due to the unwanted birth of Jones’ daughter. The
Jones’ claimed the birth was the result of the oral surgeon’s failure to
warn about the drug interactions.
Mr. Jones was a sergeant in the United States Army. His wife, Karyn,
went to an Army oral surgeon for the extraction of a tooth. The oral
surgeon prescribed Penicillin VK for the treatment of an infection prior
to extracting her tooth. Neither the oral surgeon nor the dental hygienist
that saw Karyn warned her of any possible effect of the Penicillin on the
effectiveness of birth control pills, despite the fact that Karyn disclosed
the fact that she took Triphasil-28 birth control pills on her health history.
Karyn took the antibiotics for 4 days as directed. On the fifth day, Karyn
returned to the dental clinic to have lab work done in preparation for
surgery. During this visit, a different oral surgeon warned her that the
antibiotics could reduce the effectiveness of birth control pills. And sure
enough, Karyn got pregnant and delivered a healthy baby daughter on
October 17, 1992. Karyn and her husband had no desire to start a
family at that point in their life, and brought a suit for wrongful life and
malpractice, requesting costs attributable to her pregnancy and costs
associated in raising her
daughter. The suit was not successful due other procedural reasons,
but based solely on the facts the plaintiffs probably would have
succeeded, as other plaintiffs have.
The prescription, dispensing, use and abuse of drugs is a large source
of potential malpractice liability and State Board action against
dentists. Remember that drugs must be necessary for a condition and
medical indication in which the dentist is treating the patient.
1. If you dispense or sell drugs from your office, you must follow all
applicable laws pertaining to such dispensation or sale. These laws
include: the use of childproof containers, complete labeling of bottles,
applicable warnings and directions for use, written disclosures telling
patients’ of their right to obtain the prescription from the pharmacy of
their choice, etc.
2. You must keep exact ‘in-and-out’ logs for all drugs and you must
keep a separate inventory control for all drugs, as well as recording
drugs dispensed or sold or a prescription given in the individual patient’
s chart.
3. An auxiliary may never ‘OK’ a prescription refill without your prior
permission and may never order drugs from a mail order supply house
without your prior permission and signature in your log.
4. You may never order drugs for your own use. Or for your family,
friends, employees, or dog’s use (yes, I had a State Board case
involving drugs for the family dog!). It doesn’t matter whether the drug is
cheaper through the mail, more convenient to obtain, or you just don’t
want to go to a physician to prescribe the drugs you need. The State
Board finds drugs an easy offense to pursue. All the Board has to do is
to obtain records from the mail order house and - case closed!
© Bette Robin, DDS, JD 12/97
DrRobin@BetteRobin.com
17482 Irvine Blvd., Suite E
Tustin, CA 92780
Tustin, CA 92780
Tele:
877 DrRobin
714.421.4407
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DrRobin@BetteRobin.com
17482 Irvine Blvd., Suite E
Tustin, CA 92780
Tustin, CA 92780
877 DrRobin
Tele:
714.421.4407
Fax:
714.398.8808