Misfilling a prescription

[dk00]

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[rph3664]

The pharmacist and the company can both be liable, once all is said and done.

Yes, there is malpractice insurance for pharmacists. I pay $144 a year for a $1M/3M policy, and have for almost 20 years. Never been sued, can't think of anyone who has, but do know someone who did and won. All he wanted was an apology and the deductible for the resulting hospitalization paid, as well as his lost wages (he's an independent contractor with a high deductible policy) and that's what he got.

The biggest trouble a pharmacist could potentially get into would be either a jail sentence or revocation of their license, but either one is unlikely for a legitimate mistake unless there's more to the story.

The company would probably face a big monetary fine, and censure from the state board.

Hope that helps.

 

[dk00]

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[accordman83]

Lets say a pharmacist missfills a prescription and the patient decides to sue, then who is liable, the pharmacist or the company he works for? Is there malpractice insurance for pharmacists? What's the most trouble the pharmacists can get in? What's the most trouble the company can get in? Thanks

I can almost guarantee that if a pharmacist working for a chain has a misfill, and this causes harm to a patient, the company will just make a settlement offer to the patient and quickly smother the issue. Misfills rarely lead to trial, the company would rather pay them off and end the issue quickly. Therefore, the company bears most of liability; a pharmacist making a middle class living is not an ideal target for a litigious happy injury attorney looking for a big score.

See this article: http://usatoday30.usatoday.com/news/health/2008-02-13-pharmacy-errors-secrecy_N.htm?loc=interstitialskip