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Drug product selection: legal issues.
T P Christensen1, D M Kirking, F J Ascione
1College of Pharmacy, North Dakota State University, Fargo 58105, USA. thomas.christensen@ndsu.nodak.edu
Journal of the American Pharmaceutical Association (Washington, D.C. : 1996)
|January 5, 2002
Summary
Pharmacists face legal liability during drug product selection, including civil claims for negligence and criminal charges for fraud. While current liability is minimal, expanded roles may increase future legal risks.
Area of Science:
- Pharmacy Law
- Legal Medicine
Background:
- Pharmacists' roles are expanding into drug product selection.
- Understanding legal implications is crucial for practicing pharmacists.
Purpose of the Study:
- To review the potential legal liability of pharmacists in drug product selection.
- To analyze civil and criminal liability risks associated with generic substitution.
Main Methods:
- Literature review of published articles from MEDLINE and law reviews.
- Analysis of appellate court decisions related to pharmacist liability.
- Searched using terms: pharmacist liability, drug product selection, generic substitution.
Main Results:
- Pharmacists face civil liability via negligence, breach of warranty, and strict product liability.
- Potential criminal liability includes insurance fraud and deceptive business practices.
- Violation of state drug product selection laws also poses risks.
Conclusions:
- Engaging in drug product selection slightly increases pharmacist liability.
- Evolving legal landscape and expanded pharmacist roles suggest potential for increased future liability.
- Courts may scrutinize expanded pharmacist responsibilities, impacting legal outcomes.