The pharmacist is obliged to read the prescription correctly, provide drug information, and warn about interactions. Error = malpractice.
Obligations of the Pharmacist
- Reading the prescription correctly and giving the correct medicine
- Informing the patient about the dose and side effects
- Warning about drug interactions
- Not selling medicine that cannot be sold without a prescription
- Complying with storage conditions
Common Mistakes
- Wrong medicine. administration (similar name)
- Wrong dose (mg confusion)
- Failure to warn about interactions
- Cold chain disruption
- Sale of defective drugs
Types of Liability
- Contract (pharmacy-patient)
- Tort (TBK art.49)
- Criminal (TCK) m.85, m.89 - negligence)
- Professional (Pharmacy Law)
Professional Liability Insurance
- Compulsory for pharmacists
- Insurance covers compensation arising from error
- The patient's right to sue the insurance directly (similar to the KTK)
Supreme Court 13. HD
13. HD accepts that the pharmacist has a "duty of professional care" and that he cannot escape responsibility by telling the physician "I am asking about the prescription." Recommendations
- Examine the box/label when taking medication
- If you observe side effects, record them immediately
- Keep the prescription and invoice
Health law/malpractice lawyer is recommended.