Mislabeling the Pharmacist Who Does More Than Just Mislabel the Prescription: Pharmaceutical Liability Under Florida Law

Pharmaceutical liability laws in Florida are a mix of different concepts and ideas. Some are effective, but some may need to be changed. Claims against pharmacists have evolved from simple product liability to more complicated medical malpractice claims. This article suggests that the Florida Legislature should give pharmacists the same legal protections as doctors when it comes to claims of failing to warn patients about prescriptions. In Florida, pharmacists’ liabilities are mostly determined by common law, and their duties include both simple tasks like filling prescriptions correctly and more complex tasks like assessing for potential problems. However, unlike doctors, pharmacists’ mistakes are not considered medical malpractice under Florida law. In Florida, if a pharmacist doesn’t fulfill their duty to provide safe medication, it’s considered breaking a promise to their customers. This idea comes from a court case in 1965. In the case of McLeod, the court had to decide if a pharmacist could be held responsible for harm caused by a patient taking their prescription. The court said the pharmacist wasn’t responsible because they hadn’t made any promises about the prescription’s quality. But other court cases started to change this, saying that pharmacists could be responsible if they made mistakes in filling the prescription or didn’t warn the patient about potential risks. Some courts disagreed with this, but overall, it’s important for pharmacists to make sure they fill prescriptions correctly and warn patients about any dangers. Nowadays, patients rely on their pharmacy for medical advice and history, so pharmacists need to be careful and make sure they’re doing their job right. In simple terms, if a pharmacist is responsible for advising patients about their medications, they should have the same protections as doctors when it comes to being sued for not giving a warning. In Florida, though, the law treats pharmacists and doctors differently, even though both are considered to be highly skilled professionals. Florida law has strict rules for suing doctors for medical negligence, including the need for an expert doctor to prove the doctor being sued did something wrong and that it hurt the patient. There are also limits on how much money can be given to a patient for their pain and suffering. However, these rules don’t apply to pharmacists, even though they also give healthcare advice. Some courts have said pharmacists should have the same protections as doctors, but others have said the rules only apply to doctors, not pharmacists. The law says healthcare providers are people licensed under certain chapters, but the chapter for pharmacists is not included. Pharmacists are not always included in laws that protect healthcare providers, even though they play an important role in advising patients about their medications. This could lead to problems in the future as more and more people try to sue pharmacists for not warning them about the risks of their medications. The law might need to be changed to make sure pharmacists are given the same protections as other healthcare providers. Richard C. Alvarez is a lawyer in Tampa who represents people and businesses in court for personal injury and business disputes. He’s a member of the Trial Lawyers Section and follows the rules of The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/mislabeling-the-pharmacist-who-does-more-than-just-mislabel-the-prescription-pharmaceutical-liability-under-florida-law/