Typically when we think of medical malpractice we think of negligent doctors. We read about doctors who misdiagnose patients, surgeons who leave medical instruments in patients, and anesthesiologists who used a medication that was counter intuitive based on the patient’s medical history. However, other medical professionals such as pharmacists also make mistakes, and, sadly, the result is sometimes devastating. Like physicians and other healthcare professionals, pharmacists can be held legally liable to patients for these mistakes if as a result the patient is harmed and suffers damages.

1. Pharmacy Negligence-
Philosophy & the Law
On August 11, 2013,On August 11, 2013, inin drugsdrugs,, law & legallaw & legal,, pharmaceuticalpharmaceutical,, by adminby admin
Typically when we think of medical
malpractice we think of negligent doctors. We
read about doctors who misdiagnose patients,
surgeons who leave medical instruments in
patients, and anesthesiologists who used a
medication that was counter intuitive based on
the patient’s medical history. However, other
medical professionals such as pharmacists
also make mistakes, and, sadly, the result is
sometimes devastating. Like physicians and
other healthcare professionals, pharmacists
can be held legally liable to patients for these
mistakes if as a result the patient is harmed
and suffers damages.
The basis of any negligence claim is that there existed a duty that was breached, causing harm
and compensable damages. In the case of the pharmacist-patient relationship the pharmacist has a
legal responsibility to the patient to provide the medication prescribed by the physician and to
disclose to patients pertinent information about taking the medication. If the pharmacist fails to do
so, the pharmacist breached his or her legal duty. Should the patient become sick or die because of
the pharmacist’s mistake, then there is as causal relation between the pharmacist’s breach and the
patient’s illness or death. If as a result the patient suffers compensable harm such as medical bills,
lost earnings, and pain and suffering then the pharmacist may be liable for damages.
Pharmacists can breach their duty of care in a number of different ways. For example, a pharmacist
may accidently give the patient the incorrect medication by either using the wrong drug when filling
a prescription or by putting the wrong name on the prescription bottle. The patient could wind up
with the improper medication if the pharmacist makes an error in preparation by incorrectly
compounding or improperly reconstituting the medication. Negligence may also occur if a
pharmacist gives the patient the wrong dosage instructions, fails to advise the patient about drug
interactions or fails to warn the patient about possible side effects. Furthermore, a pharmacist may
even be held liable if the physician writes a prescription for the wrong medication and the
pharmacist should have caught the mistake.
Patients who are injured due to the negligence of a pharmacist may be awarded both compensatory
damages and punitive damages. Compensatory damages are designed to pay for expenses that the
patient incurred because of the negligence. For example, if the patient had to go to the emergency
room to get treated for an adverse reaction to an incorrect medication, then the pharmacist may be
liable for the bills associate with the hospital visit. In addition, if the patient was unable to work,
then the pharmacist may have to pay for the patient’s lost wages. Moreover, the negligent
pharmacist may be liable to the patient or the patient’s family for punitive damages that would
provide a monetary award above the actual expenses related to the negligent act. Punitive damages
are sometimes awarded in order to punish the negligent person and to deter the negligent behavior.
Unfortunately, pharmacy negligence is far from uncommon. According to the U.S. Food and Drug
Administration medication errors cause at least one death each day and result in injuries to over 1.3
million people each year. Next time you go to the pharmacy be sure to review your order before
popping any pills.
Jacob Masters is a freelance writer and author who has worked in the health industry for over a
decade. His goal in life is to increase the internet knowledge base one article at a time. He also
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