Las Vegas Injury Blog | Nevada Injury Attorneys

Nevada has taken several legislative steps to bring the issue of pharmaceutical drug abuse under control.  The state has established several different manners in which different pharmacies can communicate in order to minimize the chance that someone will fill a prescription several times to feed an addiction to the medication.  This is done primarily to prevent the dangers that are associated with those who abuse these drugs – particularly pain killers – and then head out in public and create risk for everyone around them.

Now comes word, via the Wall Street Journal, that the Nevada Supreme Court is set to hear a case that would expand liability to pharmacies for those cases in which an addict over-uses medications and injures or kills someone else.  According to the article:

“On the one hand, federal regulators have acknowledged that pharmacists should be held legally accountable in egregious situations. In guidelines to pharmacists, the federal Drug Enforcement Administration says: “The pharmacist who deliberately looks the other way when there is reason to believe that the purported prescription had not been issued for a legitimate medical purpose, may be prosecuted. . . . ”

However, drugstores worry Sanchez could open them to broader and more ambiguous responsibility with significant consequences to the industry.

Some predict higher insurance costs and more expensive prescriptions, to absorb the costs of additional lawsuits. In filings, Wal-Mart argued that pharmacies might decide not to stock certain regulated painkillers. Walgreen suggested that the judgment of pharmacists could be pitted against that of doctors, as pharmacists struggle to decide whether to refuse a prescription.”

The case centers on a woman who was abusing pain medication who caused an accident that led to the deaths of two people who were parked along the side of the road.  The families of the victims sued the pharmacies because they had allegedly received notice from the state that the defendant was abusing.  Regardless of whether this case decides to expand liability, you do have legal rights if someone under the influence of drugs causes an injury or worse to you or someone you love.

When situations like this one arise, you need the help of a Las Vegas personal injury lawyer who understands the technicalities involved with these types of legal issues.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.