Category Archives: Pharmacist Malpractice

Prescription for Negligence?

Like all professionals, pharmacists owe a duty of care to their clients. The level of care and the specific duty owed, however, can vary depending on the jurisdiction. Historically, most states assign the duty to warn about the potential dangers, side effects or general usage of a drug to the physician or drug manufacture. Since pharmacists are not prescribing the medication, their potential liability is generally limited to scenarios involving the negligent filling of a prescription. However, a recent trend in the field has been expanding the potential liability of the pharmacists by holding them liable for failing to warn about a drug in certain situations or failing to consult the prescribing physician. A decision out of the state of Florida highlights this growing trend and creates a cause for concern in the profession.

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