Kedian T Francis, Legal Commentator

The French philosopher Voltaire once said that 'doctors are men who prescribe medicine of which they know little to human beings of whom they know nothing'.

As dated as Voltaire's views may be today, there is some merit in saying that pharmacists are, or ought to be, more knowledgeable than some doctors about the uses and components of various drugs on the market. It, therefore, becomes important that, in filling prescriptions, a pharmacist must ask such questions and generally make such enquiries of each customer in order to determine whether the drug and the dosage prescribed are appropriate.

Of course, this sounds a bit like setting the one up against the other but, on the contrary, this method ensures a useful kind of check and balance on the activities of each professional.

There is no doubt that medicinal products are under strict control and regulation with the aim of protecting consumers and promoting public health. It also goes without saying that all governments have a duty to implement strict drug control laws to avert the risks involved in the dispensing of drugs to the public.

Injury and death

Notwithstanding clear attempts at fashioning and implementing such regulations, there are still instances where the use of some drugs introduced to the public result in injury and even death.

The increased complexity and expanded role of the pharmacists in the drug regulation process may ultimately expose them to criminal and/ or civil liability.

In view of the globally alarming rate of misapplication, misdiagnosis and misuse of some drugs, pharmacists must stay abreast of their legal obligations, rights and remedies in order to avoid civil claims and/or criminal prosecutions.

Like any other professional, pharmacists have a general duty to take all reasonable care in the exercise of their duties. In particular, they must ensure that they dispense drugs in accordance with the Pharmacy Act.

The Act describes 'dispensing' as the supply of drugs in accordance with a prescription given by a registered medical practitioner, dentist, veterinarian or surgeon.

It follows that the issuing of drugs in any other manner may expose a pharmacist to some kind of liability.

Additionally, a pharmacist has a duty to meticulously check the work of his assistant or other technician. A pharmacist who fails to properly supervise will be vicariously liable for the acts and/ or omissions of that assistant or technician.

Pharmacist indicted

In a recent case in the United States, a pharmacist was indicted on charges of involuntary manslaughter and reckless homicide because he failed to properly supervise a pharmacy technician who instead of using a pre-packaged saline solution filled a plastic bag with a solution that was 23.4 per cent salt.

The solution administered was to a minor who died shortly after.

Some guidance regarding the standard of care which obtains as a pharmacist may be found in the words of one judge who, in attempting to give clarity to the term negligence described it as "the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do".

It therefore behoves all pharmacists to adopt this as a mantra in the performance of their duties.

Kedian T Francis is an attorney with the law firm DunnCox in Kingston.