Pharmacists face legal burden

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Hattingh, Laetitia
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2007
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Abstract

The changing practice of pharmacy has the potential to impact on the legal liability of pharmacists. This is because of a bigger focus on the provision of patient care services. The pharmacist's expanded role involves sharing responsibility with medical practitioners for patients' medication-related needs. The changing face of community pharmacy also has a bigger focus on giving patients advice on managing their medications. It is important that pharmacists have an up-to-date knowledge of a wide range of medicines. The increasing number of generic medicines places increased responsibility on pharmacists, who must assess if a generic medicine is suitable for the specific patient and provide advice to minimise confusion over brand and price changes. More prescription medicines are now being down-scheduled to be available from the pharmacy as over-the-counter medicines. The supply of these medicines increases pharmacists' responsibility as it is necessary to make sure the medicine is appropriate for a patient. Pharmacists are also required to provide detailed advice and information when supplying these medicines. Pharmacy practice has therefore changed with more focus on the quality use of medicines. International case reports suggest that pharmacists could be held responsible for failing to warn patients about potential side effects of medications or interactions with existing medications and illnesses. Doctors have traditionally been liable for such professional practice errors but Australian pharmacists may now also be on the front line. When the new roles for pharmacists are considered from a legal angle, it is clear that there may be greater potential for error. The new services are less task-oriented than the traditional dispensing function, which mainly required pharmacists to be skilled in the preparation of the product. On the other hand, dispensing today requires pharmacists to use their professional judgement in determining the appropriateness of a medication specific to the individual patient's needs. The changed role poses a challenge in determining pharmacists' liability: Their potential responsibility in these instances is open to varied interpretations of the required standard of care and the identification of risks. However, to date pharmacist negligence cases in Australia are rare and pharmacists' civil liability is therefore not well defined. Pharmacists' liability in this new context in Australia is yet to be clarified. It is therefore important that community pharmacists identify and manage risks and evaluate their potential liability. The profession is continually preparing for this new role through the development of strategies to improve and maintain quality and safety. However, not all pharmacists are implementing these new initiatives. These pharmacists are at increased risk and potential legal liability. Pharmacists need to follow good practice standards that enable them to provide quality medication management services. Otherwise they will be exposed to an increased risk of litigation.

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ABC News online

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2-Jul-07

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