Pharmacists' Liability for Negligently Refilling a Prescription

Pharmacists' Basic Responsibilities

A pharmacist is responsible for storing, preparing, and dispensing prescription drugs properly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable for any drug-related injury to a patient.

Refilling Prescription with Wrong Drug or Wrong Dose of Drug

It is well-settled law that a pharmacist who negligently refills a prescription with the wrong drug is liable for any injury sustained by the patient. Similarly, a pharmacist who negligently refills a prescription with the wrong dose of a drug is liable for any resulting injury.

Refilling Prescription Without Proper Authorization

In a New Mexico case, a patient filed suit for personal injuries, alleging that the druggist was negligent in selling her drugs in excess of the amount prescribed. The drug was habit-forming. The court held that if the patient had been deprived of her will power and was so addicted to the drug that she could not control her conduct, there was an issue as to whether her acts could be deemed contributory negligence. The court ruled against the pharmacist, who sought to have the case dismissed, and required the trial court to reinstate the case on the docket.

In a Louisiana case, a pharmacist informed the patient that he would refill her medications if she brought in the empty bottles. The patient became increasingly addicted to the prescription drugs. She sued the pharmacist and others for negligence in illegally dispensing controlled dangerous substances without a doctor's prescription. The jury awarded the patient damages. On appeal, the court increased the pharmacist's comparative fault to 50 percent. The court concluded that the pharmacist was in the better position to prevent the harmful effects of the patient's actions.

These cases show that a pharmacist can be held liable for refilling a prescription without authorization from the patient's doctor.

Failure to Refill Valid Prescription

In a New York case, the court found that the prison pharmacist was negligent for failing to refill an inmate's prescription for almost one month. The inmate had been diagnosed with atopic dermatitis, and the prisoner's doctor prescribed an ointment for discomfort. The pharmacist refused to prepare the ointment. The inmate suffered discomfort, and the court held that the pharmacist was negligent for failing to provide the inmate with the medication. The pharmacist failed to meet his duty of ordinary care.

In another New York case, an inmate filed an action against the prison pharmacist for intentionally refusing to fill prescriptions for anti-seizure medication. The appellate court found it was an issue of fact as to whether the pharmacist acted reasonably in withholding the prescribed medication. The trial court had therefore properly refused to dismiss the case.

These cases show that a pharmacist can be held liable for refusing to refill a valid prescription.

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