Drug product selection: legal issues.
OBJECTIVE
To review the potential legal liability of the pharmacist in the drug product selection process.


METHODS
Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions.


RESULTS
Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation.


CONCLUSIONS
Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.
Christensen
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TP
College of Pharmacy, North Dakota State University, Fargo 58105, USA. thomas.christensen@ndsu.nodak.edu
Kirking
D M
DM
Ascione
F J
FJ
Welage
L S
LS
Gaither
C A
CA
D016568:Drugs, Generic / Q000009:adverse effects*; D005260:Female; D006801:Humans; D007885:Legislation, Pharmacy / Q000592:standards*; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008508:Medication Errors / Q000331:legislation & jurisprudence*; D010595:Pharmacists / Q000331:legislation & jurisprudence*; D014481:United States
D016568:Drugs, Generic