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Old 01-01-2014, 07:10 PM
 
Location: Foot of the Rockies
90,297 posts, read 120,729,686 times
Reputation: 35920

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Quote:
Originally Posted by WhipperSnapper 88 View Post
This is what happens when we live in a world where sueing anybody for anything at anytime is acceptable.....

Tough one, but can't say I blame the guy. Say she'd had a bad reaction to the epi? His career would have been over if the parents sued.
Pl
Who said the pharmacist was afraid of being sued? Isn't it harder to sue in U H C countries? In any event there's no evidence for that.

 
Old 01-01-2014, 08:38 PM
 
33,387 posts, read 34,832,973 times
Reputation: 20030
Quote:
Originally Posted by Hyperthetic View Post
ABANDON YE ALL COMMON SENSE WHEN ENTERING HERE

You sound like one of Sgt Schultz' personal security guards.

It seems to be YOUR legal opinion that pharmacists are lessor persons than ordinary folk.

And, in the instance of this Epic Pen case, I would tend to agree with you.
you again have completely missed my point, typical of those who depend on emotional arguments though. my point was that the pharmacists IS NOT A LAWYER, and as such has MINIMAL legal training. once you understand that, you emotional argument goes away.

Quote:
Originally Posted by Katiana View Post
In re-reading the link in the OP, there is no evidence that the " male worker" referenced IS a pharmacist. The mom may have been talking to the custodian for all we know. Furthermore, no one on this thread, as far as I can tell, is familiar with Irish law to know what is/isn't legal as far as epi-pens, although it does seem that the pens can't be sold w/o a prescription there, as that is what the "male worker" told the family.
like the laws of this country, you have to have a prescription for the medication in question, except on the second tuesday of the fifth week of february, except when the moon is blue, and its precisely between leap years, and the previous sunday was the 13th day of the month, but only if you are playing poker, and you have drawn an inside straight of the green suit of shamrocks, while playing cards in vegas naked.

Quote:
Originally Posted by lvoc View Post
There is a reference in one of the cites that states emergency dispensing is allowed in Ireland. That appears to be the general rule in pharmacies.
but again the question is did the pharmacist know the law well enough to understand the law in that regards, remember he is NOT a lawyer.

Quote:
Originally Posted by Hyperthetic View Post
Then why would the male worker advise her to go to the hospital?
because they have these things called doctors, and these doctors can provide medications AFTER seeing the patient. pharmacists do not have that power.

Quote:
Originally Posted by Hyperthetic View Post
What? Don't pharmacies keep release from liability forms handy?
liability releases are rubbish, and the courts have ruled that way many times. they are a feel good formality that is generally screwed, blued and tattooed in court by a halfway decent lawyer.
 
Old 01-01-2014, 09:30 PM
 
12,973 posts, read 15,798,868 times
Reputation: 5478
Quote:
Originally Posted by rbohm View Post


but again the question is did the pharmacist know the law well enough to understand the law in that regards, remember he is NOT a lawyer.

.
Your point is just not rational. I am an RE Agent/Broker. I know a huge amount about the law dealing with Real Estate. More than a normal lawyer though less than a Real Estate Specialist. When I worked in the corporate world I was an Engineering Executive. I could have taught a course in Patent Law in some sub- specialties. And I knew the law on employment and contracts and lots of things.

Any pharmacist that is competent has a thorough knowledge of the regulations that govern Pharmacy. It is one of the regulation driven professions. They are all semi-lawyers.

Your thought that they are naive is simply absurd. They would not last six months if actually not up to date in the legal end of the field.
 
Old 01-01-2014, 10:19 PM
 
33,387 posts, read 34,832,973 times
Reputation: 20030
Quote:
Originally Posted by lvoc View Post
Your point is just not rational. I am an RE Agent/Broker. I know a huge amount about the law dealing with Real Estate. More than a normal lawyer though less than a Real Estate Specialist. When I worked in the corporate world I was an Engineering Executive. I could have taught a course in Patent Law in some sub- specialties. And I knew the law on employment and contracts and lots of things.

Any pharmacist that is competent has a thorough knowledge of the regulations that govern Pharmacy. It is one of the regulation driven professions. They are all semi-lawyers.

Your thought that they are naive is simply absurd. They would not last six months if actually not up to date in the legal end of the field.
my point is perfectly rational. real estate is all about real estate law, a pharmacy is about drugs, and their interactions, and how they affect the human body and what side effects various drugs have, what to look for, and what effects drug interactions have that are normally not listed as a side effect of a particular drug. yes there is regulation that needs to be understood, but it is more about the drugs than the law. there are regulations in all industries and the important ones are forced home on a regular basis, where as the finer points are not.
 
Old 01-01-2014, 11:03 PM
 
13,302 posts, read 7,867,855 times
Reputation: 2144
Quote:
Originally Posted by rbohm View Post

because they have these things called doctors, and these doctors can provide medications AFTER seeing the patient. pharmacists do not have that power.
At the time, she needed an EpiPen, not a doctor.

You only need a doctor when you are still alive.

These are the fundamentals that most people can easily grasp.
 
Old 01-01-2014, 11:10 PM
 
Location: Stasis
15,823 posts, read 12,461,965 times
Reputation: 8599
Quote:
Originally Posted by Hyperthetic View Post
At the time, she needed an EpiPen, not a doctor.

You only need a doctor when you are still alive.

These are the fundamentals that most people can easily grasp.
Sign... again.... the fundamentals are that te pharmacist did not see the daughter. Only the mother went into the store and she did not communicate the seriousness of the situation. See post #228.
 
Old 01-01-2014, 11:14 PM
 
12,973 posts, read 15,798,868 times
Reputation: 5478
Quote:
Originally Posted by rbohm View Post
my point is perfectly rational. real estate is all about real estate law, a pharmacy is about drugs, and their interactions, and how they affect the human body and what side effects various drugs have, what to look for, and what effects drug interactions have that are normally not listed as a side effect of a particular drug. yes there is regulation that needs to be understood, but it is more about the drugs than the law. there are regulations in all industries and the important ones are forced home on a regular basis, where as the finer points are not.
YOur response is hopelessly naive. Pharmacists are paper pushers. I doubt 25% of their job actually involved dealing with drugs or their interactions. The biggest part is dealing with data bases...those of the various health care plans and then such things as the legalities. Note that even non-prescription drugs have significant legalities nowadays. They are even more regulation rich than an RE Agent.
 
Old 01-01-2014, 11:35 PM
 
13,302 posts, read 7,867,855 times
Reputation: 2144
Quote:
Originally Posted by katzpaw View Post
Sign... again.... the fundamentals are that te pharmacist did not see the daughter. Only the mother went into the store and she did not communicate the seriousness of the situation. See post #228.
De facto, the request for an EpiPen IS communication of the seriousness of the situation.

De facto, the request for a fire extinguisher comes BEFORE the fire department arrives or is even called.

You may be suffering from sequence misfolding.

It's that "common sense" thing again.

Last edited by Hyperthetic; 01-02-2014 at 12:19 AM..
 
Old 01-01-2014, 11:37 PM
 
13,302 posts, read 7,867,855 times
Reputation: 2144
Quote:
Originally Posted by katzpaw View Post
Sign... again.... the fundamentals are that te pharmacist did not see the daughter. Only the mother went into the store and she did not communicate the seriousness of the situation. See post #228.
Oh, hearsay!

I get it now.

The drugstore is a court of law.

Last edited by Hyperthetic; 01-02-2014 at 12:58 AM..
 
Old 01-01-2014, 11:44 PM
 
13,302 posts, read 7,867,855 times
Reputation: 2144
Quote:
Originally Posted by katzpaw View Post
Sign... again.... the fundamentals are that te pharmacist did not see the daughter. Only the mother went into the store and she did not communicate the seriousness of the situation. See post #228.
She should NOT have been rushed away from the store of EpiPens at the pharmacy, to the store of EpiPens at the hospital, due to the proximity/timing of available treatment at the drugstore.

Some people get into situations where they really don't have time for bullship.

FROM POST #228:

"A doctor, who was passing by, tried to assist, placing Emma in the recovery position but the rescue attempt was unsuccessful."

"Ambulance staff and firefighters also tried to aid in the recovery but Emma was pronounced dead at Temple Street Children's Hospital less than a kilometer away."

Neither the doctor, the ambulance staff nor the firefighters tried to wrestle a proximate EpiPen away from the pharmacist.

Pharmacists RULE, man.

Last edited by Hyperthetic; 01-02-2014 at 01:00 AM..
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