Pharmacists Negligence Pharmacists are held to a standard of care that requires absolute accuracy in order processing. The fact of error speaks so loudly that, when a patient has received a wrong drug, or the right drug in the wrong strength, or the right drug with the wrong directions, a presumption of negligence arises, and the pharmacist is virtually powerless to rebut the presumption. The pharmacist may have been careful and attentive when the prescription was being filled, but what matters is that an error occurred, not how careful the pharmacist was in filling the prescription. This reality of pharmacist malpractice law places pharmacists in a dilemma. Since: (1) all humans make errors, (2) all pharmacists are humans and (3) error in pharmacy defines negligence; all pharmacists are negligent. In other professions, an "honest error in judgment" rule protects from liability those who have tried their hardest, but inevitably have erred due to the frailty of the human condition. The rule recognizes that human judgment cannot be guaranteed, and that it is unfair to penalize ......

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