Legal implications of diagnosis-related groups

The legal ramifications of diagnosis-related groups (DRGs) on the health-care system in general and on pharmacists in particular are undetermined. As pharmacists continue to play an increasing role in therapeutic decisions, their exposure to malpractice suits will continue to rise. Pharmacists' liability in medical malpractice actually began prior to the introduction of DRGs, with the adoption by many states of "generic substitute" laws. Situations that can lead to judgments against pharmacists are reviewed. The majority rule of joint and several liability is explained. The conclusion that "DRGs are not a legal defense" is underscored by a dramatic presentation of a hypothetical court case.