Courts backing physicians in prescription disputes

Judges are increasingly siding with patients and physicians who seek treatment for serious conditions, including COVID-19.

In a recent example, Julie Smith sued West Chester (Ohio) Hospital on Aug. 20 to administer ivermectin to her husband, who is hospitalized in the intensive care unit with COVID-19. Fred Wagshul, MD, prescribed ivermectin for Jeffrey Smith, and a Butler County judge ordered the hospital to administer the ivermectin after the hospital previously refused.

In January, Kaleida Health's Millard Fillmore Suburban Hospital was compelled to treat a patient with ivermectin for COVID-19 by a court order. In May, a judge ordered Elmhurst (Ill.) Hospital to administer ivermectin to a COVID-19 patient as well.

Judges also are siding with prescribing physicians for treatment disputes beyond COVID-19. On Aug. 11, Crestview Hills, Ky.-based Kendall Hansen, MD, was granted a restraining order against CVS Pharmacy, which declined to fill his prescriptions of controlled substances for patients earlier this year. U.S. District Judge William Bartelsman compelled CVS to fill Dr. Hansen's prescriptions.

Physicians are split over whether to treat COVID-19 patients with ivermectin. Click here to learn more about ivermectin and COVID-19.

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