Could refusing to fill a pt’s Rx be a form of MALPRACTICE ?

Miami Pharmacy Malpractice Lawyers

If a Pharmacist sends a patient away without their necessary medication… is it the same/similar situation as mis-filling a prescription and sending the patient away with the wrong medication. Both can cause the patient HARM… is both of them MALPRACTICE ?

Florida Pharmacy Law And Miami Pharmacy Malpractice Lawyers

The Florida Pharmacy Act requires proper dispensation of a medication before it’s given to a patient. Pharmacists must interpret and assess every prescription for potential adverse effects. They must also determine whether the dosage seems appropriate and counsel patients about proper medication use. At the same time, the Pharmacy Act prohibits Miami pharmacists from altering prescriptions and diagnosing or treating any medical condition.

Pharmacist Duty Of Care

The Pharmacist Duty Of Care means that a pharmacist must be equipped to carry out the duties of the pharmacy profession. The pharmacist must demonstrate a level of skill, knowledge and expertise that’s comparable to that possessed by others in the pharmacy profession. The pharmacist must also be knowledgeable about prescription medications and have the ability to discriminate between them.

If Duty of Care is violated, the pharmacist may be liable for damages. Pharmacists must take all reasonable precautions when dispensing medications, and if the pharmacist suspects that a prescription may be illegal or harmful to a patient, that pharmacist is duty-bound to check the order with the prescribing physician.

Demonstrating Patient Harm And Pharmacy Liability

Pharmacy errors have become increasingly common in Miami, and the frequency of medication errors has sparked a flurry of lawsuits throughout the U.S. When medication errors cause harm or death to patients, pharmacies can be held liable. Patients are seeking compensation for pharmacy errors while regulatory agencies are taking disciplinary action against pharmacists. When a pharmacist breaches Duty of Care by making a medication mistake that injures a patient, pharmacy malpractice lawyers can show that Duty of Care was violated and that pharmacists must be held responsible for any pain and suffering they cause.


Leave a Reply