Do Pharmacists Have a Legal Duty to Have Medications in Stock?

While many people are more familiar with the concept of pharmacy malpractice related to a lack of care when filling a prescription, there are other issues that can arise which can lead to significant patient harm and even death.

Some of these injuries are related to a lack of counsel being provided, incorrect medications being dispensed, or incorrect dosage being called for on a prescription. Many medications look the same as others and human error in the dispensing process can have very serious consequences.

If you have been harmed because your pharmacy was out of your medication, you might be wondering if you have a case for pharmacy malpractice related to your injuries.

What is a Pharmacist’s Duty of Care?

Pharmacists have a duty of care that requires that they take all of the necessary steps to protect the health and safety of their patients when they are preparing and filling prescriptions. This means that they have agreed to follow state laws as well as undergo the necessary steps to review a person’s prescription for possible drug interactions and contraindications in their medical records.

A pharmacist must also offer verbal counsel regarding the medication and make sure that the bottle or packaging that the product or medication is dispensed in shows the proper dosage instructions. When they substitute a name brand for an equivalent generic, they must make the patient aware.

If any of these items related to duty of care are neglected, patients who are harmed by their pharmacist’s negligence may have a case to sue.

Can You Sue Because Your Medication is not in Stock?

It might seem logical that you could sue for injuries related to your medications being unavailable to you when you need them, and there have actually already been some cases that have been tried that have explored this concern and accusation on the part of patients harmed in this way.

In each case, the court supported the pharmacy and dismissed the case. This was because the pharmacist does not have the ability to realistically control the supply of their pharmacy in such a way that they can promise every patient that they will have the necessary medications that they need when they come in to fill their prescriptions.

This is not part of the pharmacist’s duty of care like the other necessary steps that are taken for patient care and patients cannot sue for this kind of injury. It can be pointed out that there is almost always more than one pharmacy in a patient’s local area, and it is possible to fill a prescription at another location if need be.

Make Sure You Work With a Skilled Personal Injury Lawyer

If you think that you have been harmed by pharmacy negligence, you will need to make sure to engage the right lawyer for the needs of your case. At Kennedy Law Firm, we take pride in helping our clients to seek the compensation that they deserve after a pharmacy-related injury. Contact us today for a free consultation and start the process of getting your life back on track after your injury.