How liable (legally) are pharmacy TECHS in the event of an error?

[PharmHopeful12]

I'm in the final year of a PharmD program, and I've been considering a lot about liability in the event of errors, etc. Since the last year is mainly internships, one thing that I was thinking is: if I (the pharmacist-in-training) did everything right, filled the prescription correctly with the correct medications, labeled correctly, etc., but the pharmacy TECHNICIAN accidentally grabbed the wrong bag or something when they were ringing the patient out, would I be legally responsible for that? Or would the supervising pharmacist? Or the technician himself? Also, I should mention that one of the 'technicians' that works there is not certified but was granted certified technician duties by my supervisor (he is thinking of going to pharmacy school himself and is volunteering to test it out)... would that make any difference? I'm really nervous with him being there because we work in a very busy hospital outpatient pharmacy, and he obviously doesn't have any training other than on-the-job. If it is relevant to the laws, I am currently going to school and thus working in MA.

Thanks, I really appreciate this!

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[Old Timer]

Are you speaking legally or morally? Since most pre-pharmacy students are poor, relatively speaking, you are off the hook. No lawyer wants to sue someone who can't pay. They will sue the store as they have the insurance or assets to pay the money.

 

[PharmHopeful12]

I mean legally. Of course, morally I would feel terrible that it happened, but I would know that it was not my fault.

I would think that it would be the technician's legal liability, but in the same respect, I've always been taught that "the pharmacist is legally responsible for everything the technician does." In my law and ethics class we never went over anything about what if an uncertified volunteer is doing a certified tech's duties, etc. (personally, I think that was somewhat irresponsible of the pharmacy manager).

 

[rxlynn]

I heard a speaker about 6 years ago, I believe at an APha meeting, who said that there have been some instances where people did try to sue the technician involved as well. I think that's only been in very isolated cases, but after I heard that I ended up buying liability insurance for myself because I wasn't the typical technician. I have a husband, house, etc. and so I actually have some assets that could be gone after.

 

[Old Timer]

I heard a speaker about 6 years ago, I believe at an APha meeting, who said that there have been some instances where people did try to sue the technician involved as well. I think that's only been in very isolated cases, but after I heard that I ended up buying liability insurance for myself because I wasn't the typical technician. I have a husband, house, etc. and so I actually have some assets that could be gone after.

First, the Pharmacist is responsible.

Second, your liability policy only covers any judgment in excess of your employers insurance so it would have to be a whopper for your insurance to ever pay off.

Finally, if you own a house jointly with your husband, they cannot put a lien on the house unless you were both involved. You each own 100% so your safe there. If they want to take your husband in a law suit, well that depends on how valuable your husband is....

 

[PharmHopeful12]

First, the Pharmacist is responsible.

Second, your liability policy only covers any judgment in excess of your employers insurance so it would have to be a whopper for your insurance to ever pay off.

Finally, if you own a house jointly with your husband, they cannot put a lien on the house unless you were both involved. You each own 100% so your safe there. If they want to take your husband in a law suit, well that depends on how valuable your husband is....

LOL! Very informative though! So do you know anything specifically about my situation, like if I am the only 'pharmacist' currently standing behind the counter when the error took place? Would that make me the one in charge or would it still be the absent supervisor?

 

[Old Timer]

Yes, you would be responsible as you are supposed to supervise your employees. But in that case, the corporation is really liable for poorly training the staff. Unless you own the corporation, you will fine there as well....

 

[PharmHopeful12]

Okay thank you, well it isn't as bad as I thought. It still irritates me that if I did everything right and at the last minute the technician grabs the wrong bag (pretty much his only responsibility) and gives it to the wrong patient, that somehow reflects badly on me. Not that I want the kid to go to jail or get sued or anything, but I think that he should be the one held accountable for his actions (and like you said, the company as well).

 

[Old Timer]

Okay thank you, well it isn't as bad as I thought. It still irritates me that if I did everything right and at the last minute the technician grabs the wrong bag (pretty much his only responsibility) and gives it to the wrong patient, that somehow reflects badly on me. Not that I want the kid to go to jail or get sued or anything, but I think that he should be the one held accountable for his actions (and like you said, the company as well).

He should be held responsible. Does the store have a policy to identify the correct patient?

 

[PharmHopeful12]

Well it is actually a hospital pharmacy, but they're supposed to confirm a street address or they can use the hospital bracelet (if they're still wearing it). Sometimes it can get so hectic that the techs have a few bags with prescriptions in them on the counter at the same time, so my fear is always that they'll really confirm the right address with the prescription, then set it down for a second, and pick up a different one. 🙄

 

[Hels2007]

The tech can be sued for negligence, if it can be proven, but not for any errors related to professional judgement, since only the pharmacist (or, depending on the state, an intern as well) can exercise professional judgement.

 

[Aznfarmerboi]

The lawyer will have to prove that the tech did not follow corporate policy on safety checks (such as reading the name and quantity of RX), or asking a pharmacist to counsel on new prescriptions. Only then would there be a good case against the tech for negligence.

Other than that, it is usually the company that is held responsible and pharmacist to a certain extent.

 

[rxforlife2004]

fIRST, you're responsible for it
Secondly, you're in charge of the tech(s)--> you're responsible for it
Third, you're the Pharm.D--big dog in the pharmacy --> you're responsible for it
Finally, you make more than the tech...a lot more...So hell yeah, you're responsible for it
Bottom line: You're RESPONSIBLE for it

By all means, i want to say "LEGALLY"