Oleckna v. Daytona Discount Pharmacy, ___ So. 3d ___, 40 Fla. L. Weekly D370 (Fla. 5th DCA February 6, 2015)
The appellate court reversed summary judgment for a pharmacy in a wrongful death case arising from an overdose of prescribed medication. The plaintiff alleged that the pharmacy was negligent because it continued to fill prescriptions by the treating physician that were issued so closely in time that the patient could suffer an overdose. The court “h[e]ld that a pharmacist’s duty to use due and proper care in filling a prescription extends beyond simply following the prescribing physician’s directions. In the instant case, accepting the allegations of the amended complaint as true, Pharmacy filled, without question, numerous prescriptions that were so close together that Pharmacy could have been put on notice that [the patient] was getting too may pills within too short a period . . . . We refuse to interpret a pharmacist’s duty to use ‘due and proper care in filling the prescription’ as being satisfied by ‘robotic compliance’ with the instructions of the prescribing physician.” “[T]he prescriptions at issue here are alleged to be unreasonable on their face because they were written in a quantity, frequency, dosage, or combination that a reasonable pharmacist would either have checked with the prescribing doctor or warned the patient.”
To read more briefs in the Torts: Negligence category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/torts/negligence/.
To read more briefs in the Wrongful Death category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/wrongful-death/.