Many of these errors can be catastrophic, including wrongful death to patients.
These people could knowingly or unknowingly manage to alter the prescription that they received from the
pharmacy and claim that an error on the part of the
pharmacist resulted in a personal injury.
Studies note that errors increase sharply when filling more than 24 prescriptions per hour.
Dispensing errors are common and pharmacists are sued for mistakes such as dispensing incorrect quantities, and filling prescriptions with the incorrect
drug.
However, once filled and checked by a
pharmacist, filled prescriptions are no longer under the pharmacist's control.
Pharmacists shoulder the liability of support staff such as
pharmacy technicians and cashiers who may accidentally alter or even choose to alter filled prescriptions resulting in loss or harm to the end
consumer.
A subset of pharmaceuticals consumers commonly misuse, abuse and fraudulently administer the dispensed drugs.
For instance, a person sent to the
pharmacy to retrieve a prescription for someone else, may steal a few of the pills on the way home and blame the pharmacist for the missing pills.
People can be harmed from these altered prescriptions and sue the pharmacist alleging that the prescriptions were incorrectly filled.
The currently available prescription vials are not tamper resistant and therefore do not assist in making the patient and pharmacist accountable for the contents.
Some of these vials may have tamper resistant features available for optional use, but none of them have
tamper resistance built into the
vial such that packaging the product is impossible without first attaching the tamper resistant features.
The known or potential problems with the current
system include: a shortage of workforce in the
pharmaceutical industry; errors at an unacceptable level that are expected to increase; unsecured access behind pharmacy counter—i.e. cashiers, technicians, vendors; hazardous human interface with pharmaceuticals behind counter; known high theft level by employees; many pharmaceuticals including narcotics which
gram for
gram are more valuable than gold (the street value for certain narcotics can reach $100 /
pill); unsecured bottles (technicians, cashiers and pharmacists can alter the count of pills intentionally before the sale, no proof of count and seal on the
vial that cannot be altered prior to the
point of sale, seals are replaceable); customers can alter the count of pills after the sale (seals are replaceable); once an order is ready, the pharmacist has his / her name on the contents verifying the type of medication and quantity and dosage and date (these can be altered including the content prior to the sale or post sale which potentially renders the pharmacist legally liable, claims are made for incorrect counts or incorrect
drug); e-mailed prescriptions are not widely used; doctors handwrite all prescriptions (many are illegible with incorrect strengths or sizes that do not exist, signatures are unclear leaving the uncertainty of the prescribing doctor and patient); and frequently no validation of
patient identification at the
point of sale (no validation of courier in lieu of patients presence at the pharmacy counter).
Currently no prescription vials are available to pharmacists that offer any built-in tamper resistant features.
None of these measures are intrinsic to the vials whose contents they protect.
No current method is secure against malicious or innocent misconduct by the pharmacist, the interns, the couriers, the patients, patient's family members or others with access to filled prescriptions.