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Which legal defenses may be used by the pharmacist in a medication error lawsuit?

A. I had to work overtime for 3 days in a row.
B. The physician used an incorrect dosage strength.
C. The prescription was not legible.
D. There are no legal defenses for a medication error.

1 Answer

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Final answer:

A pharmacist may defend against a medication error lawsuit by arguing prescription illegibility, physician error, or system errors. Working overtime is less likely to be a valid defense, and the statement that there are no legal defenses is incorrect. Overdoses due to these errors can lead to severe health effects.

Step-by-step explanation:

When addressing a lawsuit due to a medication error, a pharmacist may have several legal defenses. These defenses can include:

  1. Prescription Legibility: If the prescription was not legible, this can be used as a defense because the pharmacist may argue it was reasonable to misinterpret the doctor's instructions.
  2. Physician Error: If the error originated from the physician prescribing an incorrect dosage strength, the pharmacist might argue that they were following the physician's instructions as received.
  3. Systems Errors: Issues such as problems with medication labeling, packaging, or system failures can sometimes serve as a defense, shifting the blame from individual negligence to systemic issues.

Defense of 'working overtime for three days in a row' would be less likely to be accepted since pharmacists are expected to uphold a standard of care regardless of personal circumstances. The assertion that there are no legal defenses for a medication error is incorrect, as the legal system does recognize that errors can occur under various circumstances that are not always within the control of the individual pharmacist. In such cases, over-the-counter or prescription medicines taken in inappropriate doses due to misinterpretation or oversight can lead to overdoses and significant health consequences.

User Tuure Laurinolli
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