Legal Question in Criminal Law in New York

Went to pharmacy with valid prescription from doctor for percoset. I'm set to have surgery in July and got a renewal for percoset that I've been taking for a few months. I never really looked at it well because who can ever understand what scripts say on them. The pharmacy tech guy was a real jerk from the get-go and when he took the script he said it was probably altered for more amount than it should be and they called my doctor. I'm wondering if this pharmacy guy screwed me over and messed up my script. The nurse at the doctor office agreed with them and told them to cancel the script. Also I checked my medical records and she posted an electronic note in my file on 6/18/2010 about this so all the doctors in the group I'm part of can view it, which makes me furious. The doctor didn't electronically post his note about our vist until 6/21/2010. How can I possibly see another doctor in that group now. They didn't seem to call the police I guess (yet), but my name and reputation are totally defamed. What is interesting though is that the doctor never made a photo copy of the original physical prescription he gave me. I think this is crucial evidence in my favor. Can I sue him for defamation and/or force them to retract the note they posted about me in my file somehow? I was also forced to go to the hospital that weekend for serious discontinuation withdrawal due to him screwing me out of a renewal of my medication. So I'm wondering if I can sue him for pain and suffering also. Or do I just have to live with this defamation on my name and this mess and always have a grudge.


Asked on 6/28/10, 2:54 pm

1 Answer from Attorneys
Raymond Sussman

Every doctor must keep a duplicate of prescription written. Ask to see a copy of the original and this will determine when the script was allegedly altered.

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Answered on 6/28/10, 6:44 pm


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