The responsibility of pharmacists in cases of medical negligence
Introduction
The role of pharmacists within the healthcare system is essential not only in dispensing medications but also in advising and protecting patients. Their role, regulated by national regulations such as the General Health Law in Spain, involves a series of legal and ethical obligations, the breach of which may be considered medical negligence. This article analyzes in depth the liability of pharmacists in possible negligence cases, supported by current legislation and real examples, aiming to reach the highest authority and utility for professionals, patients, and lawyers.
What is medical negligence and how does it affect pharmacists?
Medical negligence is defined as the unintentional omission of the diligence required by the nature of the act being performed, thereby causing harm to the patient. Although it is more commonly associated with doctors, pharmacists can also be held liable if, in the performance of their duties, they act with a lack of diligence, prudence, expertise, or professional knowledge.
In Spain, the General Health Law establishes that all healthcare professionals, including pharmacists, must provide their services according to best practices and ensure patient safety and quality care.
Areas of pharmacist responsibility
1. Dispensing medications
The pharmacist is obliged to verify the validity of the prescription, review doses, and check for potential interactions. Erroneous dispensing of medications, whether by name, dose, or presentation, is a clear example of professional negligence.
Real example: A patient in Scotland received a cream for ocular sexual dysfunction instead of an ocular lubricant, suffering physical and emotional harm. Cases like this demonstrate the importance of thorough verification and the correlation between prescription and dispensed medication.
2. Patient advice and care
Lack of clear information, omitting warnings of side effects, or not correctly explaining posology can lead to harm, with the pharmacist being responsible if they do not adequately convey the risks associated with medications.
3. Expiry, storage, and handling control
Supplying expired, poorly stored, or incorrectly handled drugs can cause anything from therapeutic inefficacy to toxic effects.
4. Management of electronic prescriptions
The rise of electronic prescriptions introduces new risks, such as errors in digital transcription, duplication, or improper access to sensitive data. The pharmacist must ensure the correct and safe use of the system.
Legal consequences of pharmaceutical negligence
1. Administrative liability
The health authority may impose fines, temporary or permanent closure of the pharmacy, or suspension of professional practice in proven negligence cases.
2. Civil liability
The patient or their relatives may claim compensation for damages suffered due to a pharmaceutical error.
3. Criminal liability
If negligence causes serious injury or death, the pharmacist may face criminal charges, in the most severe cases with prison sentences.
4. Professional (collegial) liability
The college of pharmacists may sanction the professional according to the severity of the case.
What does Spanish legislation establish?
The General Health Law and applicable regional regulations require pharmacists to act with the diligence expected of a healthcare professional. Furthermore, Spanish court jurisprudence recognizes the possibility of claiming for pharmaceutical malpractice when it is demonstrated:
- Effective harm to the patient.
- Causal relationship between pharmaceutical action and harm.
- Lack of diligence, prudence, or expertise.
In many cases, the claim must first be directed to the establishment itself or the College of Pharmacists, and subsequently, if necessary, to the judicial route.
Prevention and best practices in the pharmacy
Protocols and continuous training
Implementing internal double-checking protocols, expiry control, and continuous training of all staff are key to reducing the risk of errors.
Effective communication
Maintaining clear communication with both patients and the prescribing medical team is essential for pharmaceutical safety.
Professional liability insurance
Taking out and keeping updated professional liability insurance is mandatory and fundamental to protect the pharmacist against any eventuality.
Real cases of pharmaceutical negligence
There have been numerous cases reported by the press and courts where incorrect dispensing or lack of information by the pharmacist has led to successful claims by patients. In most cases, the control bodies especially value the existence (or not) of protocols, training, and checks made before dispensing.
Frequently asked questions
Is the pharmacist obliged to warn the patient about interactions?
Yes. Failing to fulfill this obligation can be considered negligence if the patient suffers harm by combining incompatible medications.
Can the pharmacy be claimed against if the error was made by an assistant?
The responsibility of the pharmacist owner extends to all staff under their direction.
How long does it take to resolve a claim?
It depends on each case, but it is advisable to initially opt for an amicable route before resorting to the judicial one.
Conclusion
The responsibility of pharmacists in cases of medical negligence is comparable to that of any other healthcare professional. Spanish and European legislation establishes a clear framework for patient protection and the demand for best practices. Prevention, training, and compliance with protocols are the best guarantees for the pharmacist and the pharmacy.
As a patient, if you believe you have suffered an error in pharmaceutical dispensing, consult a lawyer specializing in healthcare law to evaluate your case and claim if there is damage.
Sources consulted:
- General Health Law, Spain
- Recent court cases on pharmaceutical errors
- Current legislation and collegial best practice protocols
Would you like information on how to start a claim or specific examples of judgments? Leave us your comment.
FINAL REVIEW:
- Content confirmed with current legal and press sources.
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