Legal Question in Credit and Debt Law in Florida

Am I responsible to pay for medication I did not order?

I opened an account with a mail order pharmacy. In order to place my order, the doctor's office had to call the company or send them a copy of the prescriptions that I could get. I received an order from the pharmacy, but it was for medication that I did not order and the doctor who sent a copy of the prescription did not prescribe this particular medication. It was prescribed by another physician. Now the mail order company says they cannot take the medication back and that I will be responsible for paying for it. This particular medication is one that I have a grant from the manufacturer for and I don't pay for it. I returned the medication in the box it was sent in and did not open the bottle. If they continue to bill me for it, am I obligated to pay for it? It was for over $500. I called the doctor's office that sent the prescription to the mail order company and they say they are not responsible.


Asked on 4/22/00, 6:56 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Am I responsible to pay for medication I did not order?

If neither you nor your doctor ordered the medication dont pay. The open account is a matter of convenience, but it cannot be used to arbitralily bill items to your account which were not ordered by you or your agent (doctor). It is probablt illegal for the company to ship product without an order. Ask for a copy of the presciption . A practical choice is to await being sued and take up an active defense.

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Answered on 5/25/00, 3:13 pm


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