Tuesday, February 17, 2015
The Flip Side of Pharmacy Liability
On Friday, we posted about a Florida court that allowed negligence claims against a pharmacy that did nothing more than fill prescriptions as they were written (Oleckna). As you can imagine, we had some reservations about the ruling. Well, those reservations were driven home when we happened upon another recent pharmacy liability case, this one in Indiana – Kadambi v. Express Scripts, 2015 U.S. Dist. LEXIS 13607 (N.D. Ind. Feb. 5, 2015).
If we call Oleckna a “damned if you don’t” case, thenKadambi is the example of “damned if you do.” Which leaves the question – what is a pharmacy to do? more
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