Pharmacists’ Liability for Improperly Dispensing Prescription Drugs

In NY, Only pharmacists are allowed to compound, package, label and dispense drugs. In order to properly dispense a drug, the pharmacist requires a prescription from a physician, or other licensed practitioner, such as a physicians assistant. The pharmacist is also obligated to exercise discretion in performing his/her job to ensure that patients are not receiving contra-indicated medication, whether they be a hospital pharmacist or a drugstore pharmacist.

What is a pharmacist’s liability for improperly dispensing prescription drugs?

Pharmacists’ Duties

In New York State, pharmacist have a duty to properly store, prepare and dispense drugs. The majority of lawsuits against a pharmacist are based on a failure to dispense drugs properly. The pharmacist’s responsibilities in dispensing drugs include choosing the correct drug and dosage and properly labeling the drug and dosage. In some states, the pharmacist has a duty to confirm a dosage with the physician when the physician prescribes a dosage in excess of the manufacturer’s recommended dosage.

Generally, a pharmacist does not have a duty to warn a patient about the side effects of drugs or drug interactions but are required to inform those prescribed medications of such side effects or drug interactions, upon the drug recipients request. However, some courts have held that a pharmacist has a duty to warn of the side effects of a drug when the pharmacist has actual knowledge of a condition which makes it potentially dangerous for the patient to take the medication. In addition, under certain circumstances, the pharmacist might have a duty to warn a patient or the prescribing physician of possible harmful drug interactions.

Theories of a pharmacist prescription Liability Case

In New York the dispensing pharmacist might be sued if a patient suffers a drug-related injury. One theory of liability is based on negligence or a failure to meet the pharmacist’s standard of care in dispensing the drug. The pharmacist is held to the highest degree of care in dispensing prescription drugs. If he/she dispenses the wrong drug or the wrong dose of the drug, he/she would be liable for negligence. It would also be negligence to substitute another drug (such as the generic for a name brand) or to dispense a drug without clarifying an incomplete prescription.

The pharmacist might also be liable for breach of warranty (an express or implied promise about the prescription drugs). Generally, the pharmacists warrants that a drug was compounded as prescribed, that he/she used proper care in filling the prescription, that he/she used the correct method in compounding, that the medication was properly labeled, and that no foreign substance was added to the drug. If any of these conditions are breached, the pharmacist could be liable for breach of warranty.