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Member Achievement and Case News: Featured

Pharmacist Malpractice Claim Fails

Sunday, November 19, 2017   (0 Comments)
Posted by: Tom Jensen
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Plaintiff alleged improperly dispensed medication caused plaintiff to fall. Pharmacy gave plaintiff a bag with medication for a customer who had the same last name. After taking the medication plaintiff fell and sustained a hip fracture. Trial court granted defense SJ motion on the professional negligence claim. The ruling was affirmed in Roberts v. Quick Rx Drugs, Inc., 2017 WL 4875540 (Ga. App. Oct. 30, 2017). Plaintiff's expert claimed pharmaceutical counseling must be made every time a patient picks up a prescription and that part of this counseling duty is "to make sure that you have the right patient and the right drug." But a customer can refuse the counseling, and the pharmacist can delegate the counseling duty to a cashier. Here evidence did not exist as to whether counseling was offered or not offered. Therefore the expert could only point to the fact that the cashier gave Lynn medicine intended for someone else. The methods cited for accomplishing the objective of customer identification during delivery do not require professional expertise. Thus a professional negligence claim was not made out and summary judgment was properly granted.

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