PHARMACIST LIABILITY INSURANCE
As professional pharmacist recruiters, we have seen pharmacist's exposure to lawsuits dramatically increase in direct proportion to the added responsibility pharmacists have accepted as drug information experts. The trend of increasing the scope of pharmacy practice has also increased the scope of professional liability. Pharmacists traditionally were classified as "drug distributors". Pharmacists simply followed the physician's verbal or written orders, and if injury occurred because of a mistake in drug therapy (interaction, allergy, sub-optimal therapy, etc.), the physician, and not the pharmacist was held liable. This was due to what is called the "learned intermediary doctrine". This basic concept means the party who possesses the most knowledge assumes the liability and responsibility. However, this responsibility is now coming to rest with the pharmacists. It is now assumed that the pharmacist, and not the physician, is the expert in medications and drug therapy, and should be held responsible for all aspects of pharmaceutical therapy.
As pharmacists now have the ability and knowledge to perform intensive searches for drug interactions, allergies, and optimal therapy, they are expected to make the best professional judgments possible, and are found to liable when this duty is not performed. Pharmacists may even be held liable for faulty over the counter medication advice and advice on treatment of minor illnesses and disease.
It is imperative that all pharmacy professionals obtain professional liability insurance to limit their risk. Even if your employer covers you with liability insurance, it is advisable to obtain coverage independently. Often, the hospital or chain pharmacy where you work will not have your (the pharmacist's) best interest in mind when dealing with liability issues. Their lawyers may very well paint the pharmacist as the "scapegoat" in order to direct blame and responsibility away from the company.
Douglas J. Pisano, who has a doctorate degree in law, policy, and society and is dean of the School of Pharmacy at the Massachusetts College of Pharmacy and Health Sciences at Worcester, said "The company's insurance is the company's and they pay the premium; [a pharmacist] is the licensee. The protections of being an employee are no longer as well defined as they used to be. If it can be proven that you have not followed the policy procedure manual that your company, your hospital, has asked you to live by, then there is a good case for the insurance company not to cover you."
Pharmacists professional liability insurance is still affordable. Rates of less than $200 per year for $3 million dollars in coverage can be found. The same amount of coverage would cost nearly $200,000 for some physician specialties, such as the OB/GYN practice area. Insurance companies that currently offer discounted rates on pharmacist liability insurance are Pharmacists Mutual, and HPSO (through CNA).
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