A pharmacist plays an essential role in
the health care system of any country. Since they are assigned to dispense
medicine to patients, their errors may have life-threatening or life-altering
outcomes. Here are a few occasions when a pharmacist can be held liable for professional malpractice and negligence and
where a Philadelphia, PA medical malpractice lawyer fits into this picture.
Legal
duties of a pharmacist
In the current health care system, a
pharmacist’s task can be much more than merely counting out pills, and handing
them over to the patient with his/her prescription.
The specific responsibilities of
pharmacists to patients remain a matter of law, with those responsibilities
varying from one state to the other. Depending on the law of your state, a
pharmacist can be liable for the additional duties other than handing out
prescription drugs. For instance….
- Reviewing prescription in accordance with the past medical history of patients
- Informing the patient as to the probable side effects of the medication
- Screening several prescriptions from various health care providers to ensure that they may be taken together
- Keeping as well referring to the patient’s medical history
- Willingness to discuss a patient’s medication, particularly with reference to Medicaid patients
Dispensing
the wrong medication
Dispensing the wrong medicine can never
be acceptable and you do not need a Pennsylvania medical malpractice attorney
to know this, whether it is the wrong medication, or wrong strength of the
medication. A pharmacist who turns aside from these tasks is inviting a medical
malpractice lawsuit for negligence.
Even if a medication is mislabeled by
its manufacturer, the pharmacist should have found out the error. Therefore, if
a medication does not look right, the pharmacist should have caught the
manufacturer’s or doctor’s mistake.
This is particularly relevant, if the
pharmacist is employed in a state that mandates that pharmacists take the
medical history of patient into account while dispensing medication.
For instance, if the pharmacy’s records
reveal that a patient is severely allergic to a specific medication, the
pharmacist has the duty to decline the dispensation of that medicine to the
patient. What he or she should really have done is contact the patient’s doctor
or advise the patient to return to see the doctor and seek his counsel again.
If any pharmacist is unable to do any one of these things, and dispense the
medication anyway, to the patient, he or she can be held liable for negligence,
as any Philadelphia, PA medical malpractice lawyers will tell you.
Failure
in screening multiple prescriptions
Sometimes, a patient has already
approached a pharmacist with three prescriptions from different doctors. Later
the same patient appears before the pharmacist with another prescription from a
fourth doctor. If the native state of the pharmacist requires that he/she
should review all the four prescriptions to ensure that the patient can take
the fourth prescription safely, in the light of the first three prescriptions,
he must do so. In fact, if the pharmacist fails to screen several prescriptions
they may be found negligent.
Under the above circumstances, if you
feel you are a victim of the misplaced actions of a pharmacist, you can file a
lawsuit against the perpetrator. For this, you would need the active assistance
of a stellar and hardworking Pennsylvania medical malpractice lawyer. One of
the best in Eastern Pennsylvania is Louis
Podel. He knows this arena like you know your own bedroom. He knows how to
attack the other side and he knows how to extract impressive settlements
without having to go to court. But if he and his law firm have to go court,
they know how to win there too!
No comments:
Post a Comment