What is Pharmacist Malpractice ?
Pharmacists are entrusted with our health and our lives. If they fail to properly fill a prescription, the result can be injury or even death. When a pharmacist negligently fills a prescription, they may be liable for the resulting injury or death.
What Is A Pharmacist's Standard Of Care?A pharmacist must be competent to perform the duties of his or her profession and possess and exercise that degree of knowledge and skill ordinarily exercised by other members of the profession. A pharmacist must know the properties of the drugs sold and employ people capable of discriminating between them. Violation of a pharmacist's duty of care may result in liability for damages.
An illegible prescription does not lessen the pharmacist's duty to take all reasonable precaution in preparing the prescription, even where the pharmacist's first reading indicates that the prescription calls for a drug which, in the quantity specified, is likely to be harmful.
If the dosage of a drug prescribed by a physician appears to be unusual, the pharmacist has the duty to make inquiry of the physician to make sure there has been no error. Failure of the pharmacist to make inquiry, however, as to whether there was error in the prescription does not render the pharmacist liable where the result of the inquiry would have been to confirm the prescription.
What Are Some Examples Of Pharmacist Malpractice?Some common examples of pharmacist malpractice include:
Given Drug Other Than One RequestedThere are a variety of ways in which a pharmacist might negligently supply drugs or medicines other than those requested by the customer or physician. For example, the pharmacist might negligently dispense an incorrect drug, add or substitute an incorrect ingredient into the compound, use an incorrect percentage of an ingredient in a compound, or dispense an incorrect dosage of the drug or medicine called for. Therefore, a pharmacist may be found negligent if he sold a harmful and completely different medicine or drug in place of the harmless one called for by the purchaser or prescribed by the physician.
MislabelingA pharmacist is liable for mislabeling a drug. For example, mislabeling of the customer's name may give rise to liability for pharmacist negligence where, as a result of such mislabeling, a person is dispensed a drug intended for another person and injuries result.
Failure To WarnA pharmacist's duty of care includes a duty to warn the consumer of known dangers connected with the drugs and medicines dispensed. Therefore, a pharmacist may be liable for injuries resulting from his negligent failure to warn the consumer of known dangerous drug properties. However, liability will only exist where the pharmacist fails to warn of a known dangerous drug property. Courts reason that a pharmacist is not an insurer as to the drug properties and not strictly liable for drug defects of a manufactured compound.
Should I Consult An Attorney About Pharmacist Malpractice?If you or a loved one have been injured by a negligent pharmacist, you should speak to an attorney immediately. A personal injury attorney can explain your rights and what types of recoveries are available to you. |
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