Nov 25, 2012: Pharmacist's Fault

If a pharmacist makes a mistake on a prescription, filling the wrong medicine or an incorrect dosage, they may be liable for any damage the error may cause. That may seem obvious. But, is the pharmacist's employer held to any liability for an employee's mistake?

Vicarious Liability
  • Companies can be held liable
  • Damages must caused by employees
  • And those employees must be acting within job limits

According to the Alabama Supreme Court, the answer is "yes." The legal principle is known as “vicarious liability.” Under this standard, a pharmacy can be held responsible for the harm caused by workers if they are acting within the course and scope of their job guidelines.

Because of this ruling, many pharmacies have instituted even stricter guidelines for safety and quality assurance. This should result in greater safety for the consumer.

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