Pharmacies May be Liable for Filling Valid Prescriptions
By Lance O. Leider, J.D.
Florida pharmacies have had their potential liability significantly expanded by the Fifth District Court of Appeal. In its recent decision, Oleckna v. Daytona Discount Pharmacy, the appellate court held that a pharmacy owes a duty to its patients that go beyond following the prescribing physician’s directions and properly dispensing the medication.
The court defined the pharmacy’s duty to use due care in filling a prescription to mean more than what it called “robotic compliance” with the instructions of the prescribing physician.
From the court’s decision and some others from around the state it would seem that Florida pharmacists are now under an obligation to […]