Over the Counter Drugs Over-the-counter drugs include the cough syrup or the aspirin we take for average every day illnesses. With the increase in over-the-counter (OTC) drugs, the local pharmacist is playing an even larger role in self medication. Legal Liability of Pharmacists There have been a few cases aimed at injuries caused by pharmacists. Most states recognize that pharmacists have a limited duty, to fill prescription drugs with due care but have no duty to advise on the correct use of that prescription. However, if the pharmacist is alerted to a certain condition with the prescribed drug and facts about the customer, due care and advice must be given. With OTC drugs, most courts have held that the labeling is adequate enough and manufacturers need not take further steps to advise consumers. Recently, there have been cases in which states have examined the role of pharmacists and their liability. If a consumer requests advice from a pharmacist about a particular OTC drug, it is arguable that the pharmacist must give reasonably accurate advice. If you have been injured from taking an OTC drug on the advice by the pharmacist, consulting an attorney will help preserve your legal rights and your ability to recover from your injuries. |
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